ARTICLE
21 December 2023

OFAC Designates Perpetrators Of Human Rights Abuse And Commemorates The 75th Anniversary Of The Universal Declaration Of Human Rights

On December 8, 2023, the United States Department of Treasury's Office of Foreign Assets Control designated twenty individuals from nine different countries identified as perpetrators of human rights...
Worldwide Government, Public Sector

On December 8, 2023, the United States Department of Treasury's Office of Foreign Assets Control designated twenty individuals from nine different countries identified as perpetrators of human rights abuses. OFAC noted that, as December 10, 2023 marks the 75th anniversary of the Universal Declaration of Human Rights, and these designated are intended to reaffirm OFAC's steadfast commitment to promoting respect for human rights and accountability for perpetrators of human rights abuse.

OFAC has designated more than 150 individuals and entities across a dozen countries for issues relating to human rights abuse over the past year. Per OFAC, these sanctions have designated individuals linked to a wide array of human rights abuses, including terrorist organizations, criminal activity, repression of LGBTQI+ persons, transnational repression, and environmental crime and degradation. In particular, OFAC identified these individuals as responsible for the repression of member of civil society, protesters, and journalists, violence against civilians, arbitrary detention and kidnapping, and sexual and gender-based violence.

AFGHANISTAN

OFAC designated Faridudden Mahmood ("Mahmood") and Khalid Hanafi ("Hanafi"), based in Afghanistan, on account of their participation in serious human rights abuse related to the repression of women and girls. OFAC noted that these human rights abuses, including the restriction of access to secondary education for women and girls in Afghanistan solely on the basis of gender, reflects severe and pervasive discrimination against women and girls and interferes with their enjoyment of equal protection.

OFAC identified Mahmood as a member of the Taliban's "cabinet," the head of the Afghanistan Academy of Sciences, that made decisions to close education centers and school to women and girls after the sixth grade. Likewise, OFAC identified Hanafi as the Taliban's minister for the Ministry for the Propagation of Virtue and Prevent of Vice. OFAC stated that this ministry has been responsible for assaults on individuals protesting restrictions on women's activity. Both Mahmood and Hanafi have been designated pursuant to Executive Order ("E.O.") 13818, which build upon an implements the Global Magnitsky Human Rights Accountability Act.

CENTRAL AFRICAN REPUBLIC

OFAC also designated Jean-Francis Bozize ("Bozize") and Mahamat Salleh ("Salleh") of the Central African Republic. OFAC stated that both Bozize and Salleh are members of the Coalition for the Patriots of Change ("CPC"), which is a rebel group that has recruited child soldiers and perpetrated sexual violence. OFAC noted that Bozize has moved weapons and ammunition from neighboring countries into the Central African Republic for CPC, and Salleh has raped girls and forced them into sexual slavery.

Both Bozize and Salleh have been designated by OFAC pursuant to E.O. 13667 for having engaged in human rights abuses in or in relation to the Central African Republic.

DEMOCRATIC REPUBLIC OF THE CONGO

Further, OFAC designated William Takutumba ("Yakutumba"), Willy Ngoma ("Ngoma"), and Michel Rukunda ("Rukunda") for contributing to the ongoing instability in the Democratic Republic of the Congo ("DRC"). Per OFAC, Yakutumba is the founder, military commander, and political leader of multiple armed groups in the DRC that have attacked civilians and humanitarian actors. Likewise, OFAC identified Ngoma as the military spokesperson for an armed group that has perpetrated human rights abuses, including killings, attacks, and sexual violence, against civilians. OFAC also identified Rukunda as the commander and overall military leader of an armed group that has recruited children as young as 12 years of age to guard military positions, carry out patrols, gather intelligence, participate in combat operations, act as personal escorts, and work as domestic aids in military camps.

Yakutumba, Ngoma, and Rukunda have all been designated by OFAC pursuant to E.O. 13413 as amened by E.O. 13671, for having engaged in human rights abuses, or having acted for or on behalf of a blocked entity, in or in relation to the DRC.

The United States Depart of State also designated two individuals connected to ISIS-DRC, which is designated as a Foreign Terrorist Organization and Specially Designated Global Terrorist, for committing numerous abuses of human rights and violations of international humanitarian law against women and children.

HAITI

OFAC identified and designated four individuals as the leaders of four criminal gangs in Haiti: Johnson "Izo" André ("André"), Renel Destina ("Destina"), Vitel'homme Innocent ("Innocent"), and Wilson Joseph ("Joseph"). Per OFAC, these individuals are linked to a number of human rights abuses, including assassinations, hostage-taking, kidnappings for ransom, sexual violence, robberies, lootings, and continuous attacks against Haitian police officers. On December 1, 2023, the United States also nominated these four individuals for designation at the UN under Security Council resolution 2653 (2022) concerning Haiti.

André, Destina, Innocent, and Joseph were all designated by OFAC pursuant to E.O. 13818 for engagement in human rights abuses in or in relation to Haiti.

IRAN

OFAC also designated Iranian intelligence officers Majid Dastjani Farahani ("Farahani") and Mohammad Mahdi Khanpour Ardestani ("Ardestani")while stating that the Iranian regime has continued to aggressively target and stifle opponents and dissenting voices both in Iran and globally. OFAC also stated that both Farahani and Ardestani have recruited individuals for various operations in the United States, including the lethal targeting or current and former U.S. government officials.

LIBERIA

OFAC designed Jefferson Koijee ("Koijee"), the mayor of Monrovia, Liberia, identified by OFAC as a senior leader in the Congress for Democratic Change party. Per OFAC, Koijee is linked to multiple paramilitary organizations and believes that Koijee instructs these organizations to violently disrupt demonstrations conducted by government critics or political opposition. OFAC also linked Koijee to corrupt acts, including bribery and misappropriation of state assets for use by private political movements and pressuring anti-corruption investigators to halt corruption investigations.

Koijee has been designated by OFAC pursuant to E.O. 13818 for being a foreign person who is responsible for or complicit in, or who has directly engaged in, serious human rights abuse as well as for his connection to corruption and bribery while in a government position.

PEOPLE'S REPUBLIC OF CHINA

OFAC also designated two People's Republic of China ("PRC") officials, Gao Qi ("Gao") and Hu Lianhe ("Hu") for conduct in violation of the Uyghur Human Rights Policy Act. Per OFAC, Gao served as a leader of the Yili Kazakh Autonomous Prefecture Public Security Bureau, and is linked to the torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention, forced disappearance, and other serious human rights abuses of Uyghurs, ethnic Kazakhs, Kyrgyz, members of other Muslim minority groups, and other persons in the Xinjiang Uyghur Autonomous Region. OFAC also stated that Hu, the Deputy Office Director for the Xinjiang Work Coordination Small Group of the Central Committee, has engaged in direct and close involvement in the PRC's de-extremification program associated with serious human rights abuses. The United States Department of State also imposed various restrictions on Gao and Hu.

SOUTH SUDAN

OFAC designated military leaders Gordon Koang Biel ("Biel"), Gatluak Nyang Hoth ("Hoth"), and Joseph Mantiel Wajang ("Wajang") of South Sudan. OFAC stated that this designated was due to the fact that government-aligned forces and allied militias under their command were responsible for system rape, which was often accompanied by other human rights violations, against women and girls during armed attacks.

Biel, Hoth, and Wajang were all designated by OFAC pursuant to E.O. 13664 for being responsible for or complicit in, or for having engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of South Sudan.

UGANDA

Finally, OFAC designated Johnon Byabashaija ("Byabashaija"). Per OFAC, Byabashaija is the Commissioner General of the Uganda Prisons Service. OFAC stated that the Uganda Prisons Servicehas engaged in torture and other serious human rights abuse against prisoners. OFAC specifically noted that members of vulnerable groups, including government critics and members of Uganda's LGBTQI+ community, have been beaten and held without access to legal counsel.

Byabashaija was designated by OFAC pursuant to E.O. 13818 for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure.

As a result of today's actions, all property and interests in property of the designated persons described above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, any entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked. Unless authorized by a general or specific license issued by OFAC, or 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.

In addition, financial institutions and other persons that engage in certain transactions or activities with the sanctioned entities and individuals may expose themselves to sanctions or be subject to an enforcement action. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any designated person, or the receipt of any contribution or provision of funds, goods, or services from any such person.

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