TREASURY SANCTIONS FORMER HAITIAN POLITICIAN, GANG LEADER FOR LINKS TO SERIOUS HUMAN RIGHTS VIOLATIONS – BAHAMAS CHRONICLE

WASHINGTON, September 25, 2024 — The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) has sanctioned a former Haitian congressman, Prophane Victor, for his role in forming, supporting, and arming gangs and their members that committed serious human rights abuses in Haiti. OFAC also designated Luckson Elan, the current leader of the Gran Grif gang, for his involvement in serious human rights abuses related to gang activities in the Artibonite department of Haiti.

“Victor and Elan, through their influence or leadership of gangs in Haiti, have sought to perpetuate the horrific violence and instability,” said Acting Under Secretary of the Treasury for Terrorism and Financial Intelligence Bradley T. Smith. “Treasury remains committed to holding accountable those who seek to use human rights abuses, violence, and corruption to advance their political goals.”

Promoting accountability for gender-based violence is a top priority for the U.S. government. In November 2022, President Biden issued a Memorandum on Promoting Accountability for Conflict-Related Sexual Violence, which directs the U.S. government to strengthen our financial, diplomatic, and legal efforts to combat this scourge. The UN Panel of Experts on Haiti report states that “the levels of violence and depths of brutality that gangs will reach in violating human rights are unprecedented, with regular indiscriminate attacks on the population and obstruction of humanitarian aid. Sexual and gender-based violence, and rape in particular, have become some of the most horrific manifestations of violence in the past two years. Such violence and insecurity not only undermine the political transition, but also decimate the national economy and threaten the future of the country.” Today’s action targets one perpetrator directly responsible for gender-based violence and one who provided material support to gangs, including gangs that commit gender-based violence as a regular practice of intimidation, control and extortion.

Prophane Victor is a former Haitian legislator who began arming young men in Petite Rivière, Artibonite to secure his control of the area and his election in 2016. These men went on to form the Gran Grif gang, which is currently the largest gang in the Artibonite department and the leading perpetrator of abuses, including sexual violence. Prophane Victor provided material support to Gran Grif until at least 2020. Prophane Victor has also smuggled weapons into Haiti and is known to have relationships with and provide funding to other gangs in Haiti, including rivals of Gran Grif. Prophane Victor’s gang affiliations and material support for them contribute to the climate of terror, as the gangs engage in a range of brutality and violence, fighting for control and forcing residents to suffer the consequences.

Luckson Elan is the current head of the Gran Grif gang. Luckson Elan and other members of the Gran Grif gang are responsible for serious human rights violations, including kidnapping, murder, beating and rape of women and children, as well as looting, destruction, extortion, hijacking and theft of crops and livestock. The situation is especially devastating for its child victims who have been subjected to forced recruitment and sexual violence.

OFAC is designating Prophane Victor under Executive Order (EO) 13818 for being a person who has provided, sponsored, or supplied material, financial, or technological support for, or goods or services to or in support of, an entity, including a government entity, that has engaged in, or whose members have engaged in, serious human rights abuses, where the activity is conducted by a foreign person.

OFAC designates Luckson Elan under EO 13818 for being a foreign person who is responsible for, complicit in, or has been directly or indirectly involved in, serious human rights violations. OFAC also designates Luckson Elan under EO 13818 for being or having been a leader or official of an entity, including a government agency, that has been involved in, or whose members have been involved in, serious human rights violations with respect to the leader’s or official’s tenure.

IMPLICATIONS OF SANCTIONS

As a result of today’s action, all property and interests in property of the designated persons described above that are located in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, all entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more of the blocked persons are also blocked. Unless authorized by a general or specific license issued by OFAC, or exempted, OFAC regulations generally prohibit all transactions by U.S. persons or within (or through) the United States involving property or interests in property of designated or otherwise blocked persons. U.S. persons may face civil or criminal penalties for violations of EO 13818. Non-U.S. persons are also prohibited from intentionally or unintentionally causing U.S. persons to violate U.S. sanctions or from conspiring to intentionally or unintentionally cause U.S. persons to violate U.S. sanctions, as well as from engaging in conduct that evades U.S. sanctions. OFAC’s Guidance on the Enforcement of Economic Sanctions provides further information on OFAC’s enforcement of U.S. sanctions, including the factors OFAC typically considers when determining an appropriate response to an apparent violation.

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

The strength and integrity of OFAC sanctions stem not only from OFAC’s ability to designate and add individuals to the Specially Designated Nationals and Blocked Persons (SDN) List, but also from its willingness to remove individuals from the SDN List in accordance with the law. The ultimate goal of sanctions is not to punish, but to induce positive behavioral change.

For information on the process for requesting removal from an OFAC list, including the SDN list, please refer to OFAC’s FAQ 897 here. For detailed information on the process for requesting removal from an OFAC sanctions list, click here.

GLOBAL MAGNITSKY

Building on the Global Magnitsky Human Rights Accountability Act, EO 13818 was enacted on December 20, 2017, in recognition that the prevalence of human rights abuses and corruption originating, in whole or in substantial part, outside the United States had reached such a scale and severity that they threatened the stability of international political and economic systems. Human rights abuses and corruption undermine the values ​​that form an essential foundation of stable, secure, and functioning societies; have devastating consequences for individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflict; facilitate the activities of dangerous individuals; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuses or engage in corruption, and to protect the United States financial system from abuses by such individuals.

Related