By Caribbean News Global
USA / HAITI – On September 25, 2024, secretary of state Antony Blinken and US ambassador to the United Nations Linda Thomas-Greenfield hosted an event on the margins of the 79th UN General Assembly to highlight the progress the Haitian National Police is making in restoring security in Haiti with the support of the Kenyan-led Multinational Security Support (MSS) mission; meantime the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned a former member of Haiti’s parliament, Prophane Victor, for his role in forming, supporting, and arming gangs and their members that have committed serious human rights abuse in Haiti. OFAC also designated Luckson Elan, the current leader of the Gran Grif gang, for his involvement in serious human rights abuse related to gang activity in Haiti’s Artibonite department.
Building on progress to address security in Haiti
The secretary reiterated the critical importance of additional and sustained international support for Haitian-led efforts and the MSS mission. Participants discussed the status of contributions from the international community, timelines for further personnel deployments, and options for sustainability of the MSS mission, including the potential transition into a UN Peacekeeping Operation in the future.
Haitian prime minister Garry Conille, and Haitian Transitional Presidential Council President Edgar Leblanc Fils and key partners, including Kenya, Canada, France, and members of the Caribbean Community (CARICOM), discussed the resources and funding needed for the mission and welcomed further contributions from participating countries.
Secretary Blinken announced that the United States is providing an additional $160 million in development, economic, health, and security assistance for the Haitian people, to total over $1.3 billion in foreign assistance from the United States since FY 2021.
Secretary Blinken also announced the United States’ designation of Prophane Victor, for his role in forming, supporting, and arming gangs that have engaged in serious human rights abuse and Luckson Elan, for his involvement in serious human rights abuse related to gang activity in Haiti’s Artibonite department.
“The United States supports the Haitian people and their aspirations for a peaceful and democratic Haiti,” said the US Department of State.
Sanctions connected to serious human rights abuse in Haiti
“Victor and Elan, through their influence over or leadership of the 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 leverage human rights abuses, violence, and corruption to achieve their political aims.”
Promoting accountability for gender-based violence is a top priority for the US government. President Biden issued a Memorandum on Promoting Accountability for Conflict-Related Sexual Violence in November 2022 that directs the US government to strengthen our exercise of financial, diplomatic, and legal tools against this scourge.
The UN Panel of Experts report on Haiti states that the “levels of violence and the depths of cruelty that gangs will go to in violating human rights are unprecedented, with regular indiscriminate attacks against the population and the obstruction of humanitarian assistance. Sexual and gender-based violence and rape in particular have become one of the most horrific expressions of violence over 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 actor directly responsible for gender-based violence and one that has provided material support to gangs, including those that have engaged in gender-based violence as a regular practice of intimidation, control, and extortion.
Prophane Victor is a former Haitian legislator who started arming young men in Petite Rivière, Artibonite to secure his control over the area and his election in 2016. Those men went on to form the Gran Grif gang, which is currently the largest gang in the Artibonite department and the main perpetrator of abuses, including sexual violence. Prophane Victor materially supported Gran Grif until at least 2020. Prophane Victor has also trafficked weapons to Haiti and is known to have relationships with and provided funds to other gangs throughout Haiti, including rivals of Gran Grif. Prophane Victor’s gang affiliations and material support to them contribute to the climate of terror as the gangs engage in an array of cruelty and violence, fight for control, and leave residents to pay the consequences.
Luckson Elan is the current head of Gran Grif gang. Luckson Elan and other members of the Gran Grif gang are responsible for serious human rights abuse including kidnapping, murder, beating, and raping of women and children, as well as looting, destruction, extortion, hijacking, and stealing crops and livestock. The situation is especially devastating for his child victims who have been subjected to forced recruitment and sexual violence.
OFAC is designating Prophane Victor pursuant to Executive Order (E.O.) 13818 for being a person who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse, where the activity is conducted by a foreign person.
OFAC is designating Luckson Elan pursuant to E.O. 13818 for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in serious human rights abuse. OFAC also is designating Luckson Elan pursuant to E.O. 13818 for being or having 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.
Sanctions implications
As a result of today’s action, 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 US 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 US persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons.
US persons may face civil or criminal penalties for violations of E.O. 13818. Non-US persons are also prohibited from causing or conspiring to cause US persons to wittingly or unwittingly violate US sanctions, as well as engaging in conduct that evades US sanctions. OFAC’s Economic Sanctions Enforcement Guidelines provide more information regarding OFAC’s enforcement of US sanctions, including the factors that OFAC generally 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 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.
The power and integrity of OFAC sanctions derive not only from OFAC’s ability to designate and add persons to the Specially Designated Nationals and Blocked Persons (SDN) list, but also from its willingness to remove persons from the SDN List consistent with the law. The ultimate goal of sanctions is not to punish, but to bring about a positive change in behavior.
For information For information concerning the process for seeking removal from an OFAC list, including the SDN List, please refer to OFAC’s Frequently Asked Question 897 here. For detailed information on the process to submit a request for removal from an OFAC sanctions list, please click here.
Global Magnitsky
Building upon the Global Magnitsky Human Rights Accountability Act, E.O. 13818 was issued on December 20, 2017, in recognition that the prevalence of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, had reached such scope and gravity as to threaten the stability of international political and economic systems.
Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.
Click here for more information on the individuals and entities designated today.
