Finance Ministry imposes sanctions on former Haitian president over drug trafficking

WASHINGTON Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions on former Haiti President Michel Joseph Martelly (Martelly) pursuant to Executive Order (EO) 14059, dated December 15, 2021. The order imposes sanctions on foreign nationals involved in the global illicit drug trade.

“Today’s action against Martelly underscores the significant and destabilizing role he and other corrupt political elites have played in perpetuating the current crisis in Haiti,” said Acting Under Secretary of Terrorism and Financial Intelligence Bradley T. Smith. “The United States, along with our international partners, is committed to disrupting those who facilitate drug trafficking, corruption, and other illicit activities that fuel horrific gang violence and political instability.”

The existence of widespread gang activity and human rights abuses in Haiti creates an environment conducive to drug trafficking, and the country is a transit point for illicit drugs entering the United States. Many of Haitian political and business elites have long been involved in drug trafficking and are linked to the gangs responsible for the violence that has destabilized Haiti. The United States is committed to promoting accountability and charting a more prosperous, democratic, and secure future for all Haitians.

Martelly abused his influence to facilitate the smuggling of dangerous drugs, including cocaine, into the United States. Additionally, Martelly laundered illegal drug proceeds, collaborated with Haitian drug traffickers, and sponsored several gangs based in Haiti. Martelly was previously sanctioned by the Canadian government on November 17, 2022.

Martelly was today sanctioned under EO 14059 for engaging in or attempting to engage in activities or transactions that significantly contributed to, or posed a significant risk of significantly contributing to, the international distribution of illicit drugs or their means of production. Today’s sanctions impose several prohibitions on Martelly, and OFAC has added Martelly to the Non-SDN Menu Sanctions List (NS-MBS List).

OFAC worked closely with the Drug Enforcement Administration (DEA) in this sanctions action.

CONSEQUENCES OF SANCTIONS

As a result of this action, OFAC imposes the following prohibitions, as described in Section 2 of EO 14059: (1) U.S. financial institutions may not make loans or credits to Martelly; (2) any foreign exchange transaction subject to U.S. jurisdiction in which Martelly has an interest is prohibited; and (3) U.S. persons may not invest in or purchase significant amounts of Martelly’s equity or debt instruments.

U.S. persons may be subject to civil or criminal penalties for violations of EO 14059. Non-U.S. persons may also not cause or conspire to cause an intentional or unintentional violation of U.S. sanctions by U.S. persons, nor may they engage in activities that evade U.S. sanctions. OFAC’s Guidance on Enforcing Economic Sanctions provides more information about OFAC’s enforcement of U.S. sanctions, including the factors OFAC generally considers in determining an appropriate response to an apparent violation.

The strength and integrity of OFAC sanctions stem not only from OFAC’s ability to sanction individuals, but also from its willingness to lift sanctions in accordance with the law. The ultimate goal of sanctions is not to punish, but to effect positive behavioral change. For more information about the process for requesting removal from an OFAC list, including the NS-MBS list, please see OFAC’s 897 FAQ here. For detailed information about the process for submitting a request for removal from an OFAC sanctions list, click here.

For more information about the person sanctioned today, click here.

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