IPNEWS-Monrovia: Appearing on a local talk show in Monrovia, officials at the United States Embassy near Monrovia appeared to have given a lifeline to sanctioned Liberian Government officials ahead of the 2023 general and presidential elections.
There have been calls by Liberians, including presidential hopeful Cllr. Tiawan Gongloe and prime advocate and human rights defender Atty. Samuel Kofi Woods that sanctioned Liberian officials should not be allowed to participate in the upcoming elections, as doing so would force the United States to withdraw its support from the National Elections Commission (NEC) if any of the affected individuals appeared on the ballot papers.
But US Embassy officials in Monrovia say the Global Magnitsky Act by which three former officials of the Weah government were sanctioned, including two Senators is not above the judiciary of the country and therefore cannot undermine any of Liberia’s laws or judiciary system.
Two US Embassy officials Mr. Sean Boda – Public Affairs Officer and Kemper Wagner Political Affairs Officer respectively made the clarification when they appeared on a live radio talk show on Tuesday, October 4, 2022.
Former Minister Nathaniel McGill Former NPA Managing Director Bill Twehway
Both foreign diplomats appeared on the OK FM to speak to the issues regarding the sanctions and its implications on affected individuals, and the Magnitsky Act in the judicial system of sovereign states like Liberia.
Recently three officials of the Weah administration, former State and Presidential Affairs Minister Nathaniel McGill, NPA Managing Director Bill Twehway and Solicitor General Sayma Syrenius Cephus were designated under the Global Magnitsky Act.
The trio resigned after weeks of huge public outcries for them to do so. Former NPA managing director Bill Twehway was petitioned by some residents of Rivercess County, while former Minister of State Nathaniel McGill was being sought after by three counties, including his native Gbarpolu and as well as Bong and Margibi Counties respectively. As for former Solicitor General, Cllr. Syrenius Cephus, there has been no reports of seeking elected position in 2023 for now but there is time enough for him to announce his intentions if he wants to contest.
The reports regarding the intent of McGill and Twehway to contest in the 2023 elections in their respective counties sparked rumors that US Embassy had issued a warning against their desire to run during the election.
However, during the show on Tuesday, the Embassy officials noted: “So the Global Magnitsky Act is not a prosecution, it is not a court of law and it is not a way for the United States of America to try to step in and usurp the rights of any sovereign state from its own criminal procedure. And so, in democracies like Liberia, there are various mechanisms for the citizens to hold officials of government accountable, which is important.
“As a sovereign nation, Liberia has all rights to determine who is eligible to contest elections; the United States is not innocent of the process. The Magnitsky Act has nothing to do with your elections”, Sean Boda, the US Public Affairs Officer said.
Responding to a question on what the US government looks for in a country before placing sanctions on government officials, Wagner said corruption was a key indicator as it forms part of the core objective of the US government, expanding on it include diversion of state resources to personal interest, plundering of state funds, using official functions to enrich oneself.
“Besides corruption, gross human rights violation is also considered and that includes extrajudicial killings, clampdown on opposition figures, rigging of elections, denial of rule of law and Press freedom, etc.”, he said.
Both men were evasive of the question speaking specifically about information that triggered sanctions against government officials such as the recent sanctions placed on three former government officials.
“It has always been rigorous. It takes a lot of time and resources, at times it takes up to a year or 3 or so to investigate and submit a report before sanctions are imposed”, Boda said.
Boda further explained that the sanction starts taking effect immediately when it is issued against the person and the various institutions of government responsible to enforce compliance get into motion which includes seizure or freezing of assets belonging to the sanctioned individuals.
He also said in the case where the affected official does not have assets within the territorial confines of the US but in other countries, the partners of the United States will act as is the case of the US to seize the assets or take other unspecified action to make sure that the indicted individual gets the full punishment as prescribed by the ACT.
“The idea behind the sanction is to incentivize a change in behavior, to help prompt change in behavior, like in the case of Liberia is to have a country free from corruption and allow the free democratic process to proceed”, Boda said.
When asked whether the US government keeps tap on persons under sanction to ensure complete compliance, Wagner said it was obvious that the US has vested interest in every decision taken with respect to the sanction and will ensure that there was compliance such as seizure or freezing of assets, denial of visas but if true accountability is to be held, then “citizens of that country or the government can take action against the sanctioned person through the justice system to hold the person accountable for all the acts done that triggered the sanctions.”
Former Sen. John Ballout Highlights US Warning to Liberians Regarding Sanctioned former Officials
In a related development, former Maryland County Senator John Ballout says the assertion by two US diplomats on OK FM that “the Global Magnitsky Act by which three former officials of the Weah government were sanctioned, including two Senators is not above the judiciary of the country and therefore cannot undermine any of Liberia’s laws or judiciary system” was spoken in diplomatic context.
Senator Ballout, appearing on Thursday, October 6 on OK FM morning show said the two US embassy officials will not outrightly tell Liberians who to vote or who not to vote in a given election because of corruption or sanctions, but the fact that they pointed out that
“The Global Magnitsky Act is not a prosecution, it is not a court of law and it is not a way for the United States of America to try to step in and usurp the rights of any sovereign state from its own criminal procedure. And so, in democracies like Liberia, there are various mechanisms for the citizens to hold officials of government accountable, which is important,” should serve as warning to Liberians in making their respective choices regarding the sanctioned former officials comes the 2023 elections, and so it is not a lifeline for them to contest as their supporters may think.
“As a sovereign nation, Liberia has all rights to determine who is eligible to contest elections; the United States is not innocent of the process. The Magnitsky Act has nothing to do with your elections”, Sean Boda, the US Public Affairs Officer said.
He stated that the Magnitsky Act points to the fact that anybody doing business with the sanctioned officials will be sanctioned as well, should inform Liberians enough not to do business with those who have been sanctioned by the United States government.
SANCTIONS IMPLICATIONS
“As a result of today’s action, all property and interests in property of these targets that are in the United States or in the possession or control of U.S. persons must be blocked and reported to OFAC. In addition, any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked. OFAC’s regulations generally prohibit all dealings by U.S. persons or within the United States (including transactions transiting the United States) that involve any property or interests in property of blocked or designated persons.
In addition, persons that engage in certain transactions with the individuals and entities designated today may themselves be exposed to sanctions or subject to an enforcement action. Furthermore, unless an exception applies, any foreign financial institution that knowingly facilitates a significant transaction for any of the individuals or entities designated today could be subject to U.S. sanctions.”
According to former Senator Ballout, “it is common sense for Liberians to know that if you elect sanctioned former or current officials knowing fully well that the United States government has warned that nobody must do business with them, isn’t that telling you something that these people are not people to give public offices to since the US government will not do business with them.”?
He furthered “what is the sense in electing a sanctioned official when in the end those who sanctioned that person are not dealing with him on your behalf only for you to match to their Embassy to go ask for help, do you think they will listen to you?” the former Maryland County Senator asked.
Ballout the admonished Liberians to be wise and not elect any sanctioned former or current official of government to an elected position, because in the past we ignored calls and we voted for warlords and alleged war crimes and crimes against humanity offenders, today we have seen what it has done to Liberia, regarding the international goodwill that should have come to the country.
