Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Kudakwashe Regimond Tagwirei (Tagwirei) for providing support to the leadership of the Government of Zimbabwe, as well as Sakunda Holdings for being owned or controlled by Tagwirei. Today’s action corresponds with the second anniversary of the Zimbabwean government’s violent crackdown against its citizens who were protesting flawed government elections and the delayed results of the election, which resulted in the deaths of at least six civilians on August 1, 2018. Tagwirei is a Zimbabwean businessman with longstanding associations to the ruling party in Zimbabwe and high-level Government of Zimbabwe officials, including the current President of Zimbabwe, Emmerson Mnangagwa (Mnangagwa), and First Vice President Constantino Chiwenga, who were listed in the Annex to Executive Order (E.O.) 13288 in March 2003, and the Annex to E.O. 13391 in November 2005, and remain on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List). Tagwirei has utilized his relationships with high level Zimbabwean officials to gain state contracts and receive favored access to hard currency, including U.S. dollars. In turn, Tagwirei has provided high priced items, such as expensive cars, to senior-level Zimbabwean government officials. Since former Zimbabwe President Robert Mugabe’s 2017 departure, Tagwirei used a combination of opaque business dealings and his ongoing relationship with President Mnangagwa to grow his business empire dramatically and rake in millions of U.S. dollars.
Additionally, Tagwirei is the Chief Executive Officer (CEO) and founding director of Zimbabwe-based Sakunda Holdings. As CEO, Tagwirei is responsible for the overall strategy and direction of the company, as well as developing and maintaining relationships with key stakeholders, including regulators and clients. Government audit reports prompted a 2019 parliamentary inquiry into whether public funds were misappropriated, revealing the government had failed to account for about $3 billion disbursed under the Command Agriculture program, a state farm subsidy championed by President Mnangagwa and largely financed by Sakunda Holdings.
Tagwirei was designated pursuant to E.O. 13469 for having materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, the Government of Zimbabwe, any senior official thereof, or any person whose property and interests in property are blocked pursuant to E.O. 13288, E.O. 13391, or E.O. 13469. Sakunda Holdings was designated pursuant to E.O. 13469 for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, Tagwirei.
On December 23, 2016, the President signed the Global Magnitsky Human Rights Accountability Act (Pub. L. 114-328, Title XII, Subtitle F) (the “Act”) into law. The Act authorized the President to impose targeted sanctions on any foreign person the President determines is, among other things, responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights, or a government official, or a senior associate of such an official, responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption.
On December 20, 2017, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) (IEEPA), issued Executive Order 13818 (82 FR 60839, December 26, 2017) (E.O. 13818), effective at 12:01 a.m. eastern standard time on December 21, 2017.
In E.O. 13818, the President determined that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and declared a national emergency to deal with that threat.
OFAC is issuing the Global Magnitsky Sanctions Regulations, 31 CFR part 583 (the “Regulations”), to implement the Act and E.O. 13818, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13818. A copy of E.O. 13818 appears in appendix A to this part.
