Civil society forms lobby to Maintain US Sanctions on Dan Gertler
Civil society organizations are again writing to the US Secretary of State and Secretary of the Treasury to reiterate their growing concern over possible sanctions relief on Israeli businessman Dan Gertler.
These organizations believe that the legal conditions for the lifting of these sanctions have not been met and that lifting them would harm the interests of the United States in the fight against corruption, the promotion of prosperity in the Democratic Republic of Congo (DRC), and maintaining the credibility and effectiveness of sanctions instruments like the Global Magnitsky program, reports The Sentry.
The NGO group recalls in their missive that the Treasury Department sanctioned Mr. Gertler and his companies for corruption in the DRC in December 2017.
According to the Treasury press release, “the DRC would have lost more than 1.36 billion dollars” as a result of its “opaque and corrupt deals”. (Mr. Gertler has consistently denied any wrongdoing.)
The DRC government and presidency are now urging the US government to re-grant Gertler a sanctions waiver. The DRC is doing so as a result of the Dispute Resolution Agreement (the “Agreement”) it signed in February 2022 with Ventora, Mr. Gertler’s company.
“This agreement was only partially made public after strong pressure from the International Monetary Fund and civil society organizations,” the NGOs write.
In their letter, these NGOs believe that the 4 conditions required have not been met for the lifting of the sanctions against Dan Gertler.
“According to the Global Magnitsky Human Rights Accountability Act, sanctions imposed under this program can only be lifted if (1) there is credible information that the person has not engaged in the activities for which the sanctions were imposed;
(2) whether the person has been prosecuted for the activities in question; (3) whether the person has demonstrated a significant change in behavior, has suffered appropriate consequences for its actions, and has made a credible commitment not to engage in such behavior again; or (4) if such waiver is deemed to be in the national security interests of the United States “, insist the NGOs.
According to them, the agreement between the DRC and Ventora obliges the country to pay 189 million euros to Gertler’s company. No prospect of accountability.
“The Agreement also does not provide a perspective of accountability. Rather, it explicitly protects companies affiliated with Mr. Gertler from legal action in the DRC, the country he harmed.
Instead of receiving reparations for the billions it has lost, the DRC will make a net payment of 189 million euros to Mr. Gertler’s company to buy back oil extraction blocks and mining permits that Mr. Gertler could not resell before being sanctioned”, denounce these NGOs.
They add that this agreement allows Dan Gertler to receive $200,000 a day for a decade.
“Rather than suffer the appropriate consequences for his actions, Mr. Gertler will continue to collect, for at least a decade, an average of $200,000 a day in royalties from three highly lucrative mining projects.
The Agreement confirms the validity of these transactions, despite the questionable manner in which Mr. Gertler entered into them.
While Mr. Gertler is entitled to dispute the allegations against him, his complete lack of apparent contrition or introspection makes it difficult to affirm that he has made a “credible commitment” not to resort to this type of practice in the future”, they add.
Ultimately, they believe that the lifting of these sanctions is contrary to the national security interests of the United States.
“The power of US sanctions has given you leverage over the current negotiations, as well as a responsibility to ensure that the outcome does not compound past injustices.
We urge you to use your voice and of your influence to support the Congolese people,” they ask the US Secretaries of State and Treasury.
