WASHINGTON— Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Commissioner Sen. Marco Rubio (FL), and Rep. Steve Chabot (OH-01) today introduced the Revealing and Explaining Visa Exclusions for Accountability and Legitimacy (REVEAL) Act. The bill will allow the Secretary of State to publish the names of human rights abusers, like those responsible for the assassination of Jamal Khashoggi, and kleptocrats barred from entry into the United States as a result of visa bans. Currently, the executive branch is required to keep the identities of these individuals confidential, preventing public “naming and shaming” that would increase the deterrent effect of visa sanctions.
“As we have demonstrated time and time again with the Magnitsky Human Rights Accountability laws, naming and shaming is a powerful action we can take to deter corruption and human rights abuse. Kleptocrats rely on anonymity—when we bring their crimes to light, we curb their power. The United States should not allow crooks and cronies to hide behind confidentiality,” said Chairman Cardin.
“Kleptocracy is a serious threat to democracy around the world. In order to preserve freedom of speech and civil society, our foreign policy must be transparent and allow our allies to have the information they need to protect themselves and their democracies from corrupt networks and politicians,” said Co-Chairman Cohen.
“I’m proud to introduce the bipartisan and bicameral Revealing and Explaining Visa Exclusions for Accountability and Legitimacy (REVEAL) Act. This bill would allow the U.S. President to reveal the names of individuals who are ineligible from entering our nation, including sanctioned human rights abusers. Not only will this bill provide much-needed transparency and accountability, it will also be a useful tool in exposing kleptocrats and human rights abusers,” said Sen. Rubio.
“Dictators and their cronies rely on access to western countries to keep their corrupt regimes and businesses going, and visa bans are a crucial tool to curtail that access. However, common sense dictates we should also let the world know who we are excluding, so that other governments can follow our lead. Right now, our ability to share such information is limited by current law. The REVEAL Act remedies this situation by explicitly giving the executive branch the ability to publicize who they choose to exclude,” said Rep. Chabot.
Rep. John Curtis (UT-03), Rep. Tom Malinowski (NJ-07), Rep. Dan Crenshaw (TX-02), Rep. André Carson (IN-07), Rep. Katie Porter (CA-45), Rep. Sheila Jackson Lee (TX-18), and Rep. Marcy Kaptur (OH-09) are original cosponsors of this legislation in the House.
The power to declare an individual ineligible for entry to the United States lies in the Immigration and Nationality Act (INA), the overarching legislation governing immigration to the United States. The INA contains a list of reasons to ban individuals from the United States, the provisions of which are cited when a person is declared ineligible.
The most-used provision to ban human rights abusers and kleptocrats is the provision 212(a)(3)(c), which enables bans for “potentially serious adverse foreign policy consequences.” However, the bans made under this authority fall under a confidentiality requirement, which means they are not public. The REVEAL Act would enable the Secretary of State to waive this confidentiality and reveal the names of these individuals.