The US Section 353 Corrupt and Undemocratic Actors report (Engel list)

What the law requires

Section 353(b) told the President to send Congress a report within 180 days of 27 December 2020 and at least once a year after that ¹. The report names foreign persons the President determines knowingly engaged in actions that undermine democratic processes or institutions, in significant corruption, or in obstruction of investigations into such corruption ¹.

The law lists the kinds of corruption it covers. They are corruption tied to government contracts, bribery and extortion, the transfer or laundering of corruption proceeds, and violence, harassment or intimidation aimed at corruption investigators ¹.

The unclassified report must be made public, including in the Federal Register ¹. The President delegated the section 353 functions to the Secretary of State on 21 June 2021 ^3,4.

The original text covered El Salvador, Guatemala and Honduras. Public Law 117-54 of 10 November 2021 added Nicaragua ¹.

What listing meant

Section 353(c) told the President to apply the measures in subsection (d) to each person named in the report ¹. A listed person was inadmissible to the United States and ineligible for a visa, other entry documents and admission ¹. Any visa already issued had to be revoked under section 221(i) of the Immigration and Nationality Act, with immediate effect ¹.

The law had exceptions. Admission could still be allowed where needed to meet US obligations under the 1947 UN Headquarters Agreement or other international obligations ¹. The President could waive the measures in the US national security interest, with notice and a justification sent to Congress within 15 days ¹.

The 2021 report said listed persons would have their visas revoked and any other valid visa or entry document cancelled, subject to an exception or a national security waiver ². The measures in subsection (d) concern visas and admission. The section does not provide for an asset freeze ¹.

Reports published in the Federal Register

The State Department published the reports as notices in the Federal Register. The table shows the reports this page has checked ^{2,3 4}.

Who was named, by country

The Congressional Research Service (CRS) counted 184 individuals publicly named from July 2021 to December 2023, including five former presidents ⁵. Its breakdown by country and by reason is below ⁵.

Expiry of the authority

Section 353(f) ended the authority to impose sanctions, and any sanctions imposed under it, three years after 27 December 2020 ¹. CRS says section 353(c) expired on 27 December 2023 "along with any visa restrictions that the State Department had imposed pursuant to the authority" ⁵.

The CRS report, updated on 1 October 2024, says it is "difficult to assess the impact" the sanctions had on democracy and governance in Central America ⁵. It says some civil society groups saw the list as a "name and shame" tool ⁵. The report does not describe any law that renewed the authority ⁵.