Darfur Accountability Act of 2005 - Directs the President to: (1) freeze the assets of persons (and family members) named by the International Commission of Inquiry on Darfur to the United Nations (UN) Secretary General as perpetrators of crimes against humanity in Darfur, Sudan, and report such assets to the Office of Foreign Assets Control; (2) deny visas and entry to such persons, and to anyone the President determines has been, is, or may be involved in such activities in Darfur; and (3) report the names of such persons to the appropriate congressional committees.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 495 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 495
To impose sanctions against perpetrators of crimes against humanity in
Darfur, Sudan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2005
Mr. Corzine (for himself, Mr. Brownback, Mr. Dodd, Mr. Durbin, Mr.
Feingold, Mr. Lieberman, Mr. Talent, Mr. DeWine, and Mr. Coburn)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions against perpetrators of crimes against humanity in
Darfur, Sudan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Darfur Accountability Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Government of sudan.--The term ``Government of Sudan''
means the National Congress Party-led government in Khartoum,
Sudan, or any successor government formed on or after the date
of the enactment of this Act.
(3) Member states.--The term ``member states'' means the
member states of the United Nations.
(4) Sudan north-south peace agreement.--The term ``Sudan
North-South Peace Agreement'' means the comprehensive peace
agreement signed by the Government of Sudan and the Sudan
People's Liberation Army/Movement on January 9, 2005.
(5) Those named by the un commission.--The term ``those
named by the UN Commission'' means those individuals whose
names appear in the sealed file delivered to the Secretary
General of the United Nations by the International Commission
of Inquiry on Darfur to the United Nations Secretary General.
(6) UN commission.--The term ``UN Commission'' means the
International Commission of Inquiry on Darfur to the United
Nations Secretary General.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On July 22, 2004, the House of Representatives and the
Senate declared that the atrocities occurring in Darfur, Sudan
are genocide.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of the
Senate, ``[w]hen we reviewed the evidence compiled by our team,
along with other information available to the State Department,
we concluded that genocide has been committed in Darfur and
that the Government of Sudan and the [Janjaweed] bear
responsibility--and genocide may still be occurring''.
(3) President George W. Bush, in an address before the
United Nations General Assembly on September 21, 2004, stated,
``[a]t this hour, the world is witnessing terrible suffering
and horrible crimes in the Darfur region of Sudan, crimes my
government has concluded are genocide''.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556, calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law and carried out other
atrocities in the Darfur region.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564, determining
that the Government of Sudan had failed to meet its obligations
under Security Council Resolution 1556, calling for a military
flight ban in and over the Darfur region, demanding the names
of Janjaweed militiamen disarmed and arrested for verification,
establishing an International Commission of Inquiry into
violations of international humanitarian and human rights laws,
and threatening sanctions should the Government of Sudan fail
to fully comply with Security Council Resolutions 1556 and
1564.
(6) United Nations Security Council Resolution 1564
declares that if the Government of Sudan ``fails to comply
fully'' with Security Council Resolutions 1556 and 1564, the
Security Council shall consider taking ``additional measures''
against the Government of Sudan ``as contemplated in Article 41
of the Charter of the United Nations, such as actions to affect
Sudan's petroleum sector or individual members of the
Government of Sudan, in order to take effective action to
obtain such full compliance and cooperation''.
(7) United Nations Security Council Resolution 1564 also
``welcomes and supports the intention of the African Union to
enhance and augment its monitoring mission in Darfur'' and
``urges member states to support the African Union in these
efforts, including by providing all equipment, logistical,
financial, material, and other resources necessary to support
the rapid expansion of the African Union Mission''.
(8) On February 1, 2005, the United Nations released the
Report of the International Commission of Inquiry on Darfur to
the United Nations Secretary-General, dated January 25, 2005,
which stated that, ``[g]overnment forces and militias conducted
indiscriminate attacks, including killing of civilians,
torture, enforced disappearances, destruction of villages, rape
and other forms of sexual violence, pillaging and forced
displacement throughout Darfur'', that such ``acts were
conducted on a widespread and systematic basis, and therefore
may amount to crimes against humanity'', and that the
``magnitude and large-scale nature of some crimes against
humanity as well as their consistency over a long period of
time, necessarily imply that these crimes result from a central
planning operation''.
(9) The Report of the International Commission of Inquiry
on Darfur to the United Nations Secretary-General notes that,
pursuant to its mandate and in the course of its work, the UN
Commission collected information relating to individual
perpetrators of acts constituting ``violations of international
human rights law and international humanitarian law, including
crimes against humanity and war crimes'' and that the UN
Commission has delivered to the Secretary-General of the United
Nations a sealed file of those named by the UN Commission with
the recommendation that the ``file be handed over to a
competent Prosecutor''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the atrocities unfolding in Darfur, Sudan, have been
and continue to be genocide;
(2) the United States should immediately seek passage at
the United Nations Security Council of a resolution that--
(A) requires member states to freeze the property
and assets of, deny visas to, and deny entry to--
(i) those named by the UN Commission;
(ii) family members of those named by the
UN Commission; and
(iii) any associates of those named by the
UN Commission to whom assets or property of
those named by the UN Commission were
transferred on or after June 11, 2004;
(B) urges member states to submit to the Security
Council the name of any individual that the government
of any such member state believes is or has been
planning, carrying out, responsible for, or otherwise
involved in genocide, war crimes, or crimes against
humanity in Darfur, along with evidence supporting such
belief so that the Security Council may consider
imposing sanctions described in subparagraph (A)
against those individuals described in such
subparagraph;
(C) imposes sanctions or additional measures
against the Government of Sudan, including sanctions
that will affect the petroleum sector in Sudan,
individual members of the Government of Sudan, and
entities controlled or owned by officials of the
government of Sudan or the National Congress Party in
Sudan, that will remain in effect until such time as--
(i) humanitarian organizations are granted
full, unimpeded access to Darfur;
(ii) the Government of Sudan cooperates
with humanitarian relief efforts, carries out
activities to demobilize and disarm Janjaweed
militias and any other militias supported or
created by the Government of Sudan, and
cooperates fully with efforts to bring to
justice the individuals responsible for
genocide, war crimes, or crimes against
humanity in Darfur;
(iii) the Government of Sudan cooperates
fully with the African Union, the United
Nations, and all other observer, monitoring,
and protection missions mandated to operate in
Sudan;
(iv) the Government of Sudan permits the
safe and voluntary return of displaced persons
and refugees to their homes and rebuilds the
communities destroyed in the violence in
Darfur; and
(v) the Sudan North-South Peace Agreement
is fully implemented and a new coalition
government is created under such Agreement;
(D) establishes a military no-fly zone in Darfur;
(E) supports the expansion of the African Union
force in Darfur so that such force achieves the size
and strength needed to prevent ongoing fighting and
violence in Darfur;
(F) urges member states to accelerate assistance to
the African Union force in Darfur;
(G) calls on the Government of Sudan to cooperate
with, and allow unrestricted movement in Darfur by, the
African Union force in the region, international
humanitarian organizations, and United Nations
monitors;
(H) extends the embargo of military equipment
established by paragraphs 7 through 9 of Security
Council Resolution 1556 to include the prohibition of
sale or supply to the Government of Sudan; and
(I) supports African Union efforts to negotiate
peace talks between the Government of Sudan and rebels
in Darfur, calls on the Government of Sudan and rebels
in Darfur to abide by their obligations under the
N'Djamena Ceasefire Agreement of April 8, 2004 and
subsequent agreements, and urges parties to engage in
peace talks without preconditions and seek to resolve
the conflict;
(3) the United States should work with other nations to
ensure effective efforts to freeze the property and assets of
and deny visas and entry to--
(A) those named by the UN Commission;
(B) any individuals the United States believes is
or has been planning, carrying out, responsible for, or
otherwise involved in genocide, war crimes, and crimes
against humanity in Darfur;
(C) family members of any person described in
subparagraphs (A) or (B); and
(D) any associates of any such person to whom
assets or property of such person were transferred on
or after June 11, 2004;
(4) the United States should support accountability through
action by the United Nations Security Council, pursuant to
Chapter VII of the Charter of the United Nations, to ensure the
prompt prosecution and adjudication in a competent
international court of justice of those named by the UN
Commission;
(5) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Sudan North-South Peace Agreement, the
support of the southern regional government in Sudan, or for
humanitarian purposes in Sudan, unless the President certifies
and reports to Congress that--
(A) humanitarian organizations are being granted
full, unimpeded access to Darfur and the Government of
Sudan is providing full cooperation with humanitarian
efforts;
(B) concrete, sustained steps are being taken
toward demobilizing and disarming Janjaweed militias
and any other militias supported or created by the
Government of Sudan;
(C) the Government of Sudan is cooperating fully
with efforts to bring to justice those responsible for
genocide, war crimes, or crimes against humanity in
Darfur;
(D) the Government of Sudan cooperates fully with
the African Union, the United Nations, and all other
observer, monitoring, and protection missions mandated
to operate in Sudan;
(E) the Government of Sudan permits the safe and
voluntary return of displaced persons and refugees to
their homes and rebuilds the communities destroyed in
the violence in Darfur; and
(F) the Sudan North-South Peace Agreement is fully
implemented and a new coalition government is created
under such Agreement;
(6) the President should work with the African Union and
other international organizations and nations to establish
mechanisms for the enforcement of a no-fly zone in Darfur;
(7) the African Union should extend its mandate in Darfur
to include the protection of civilians and proactive efforts to
prevent violence, and member states should support fully this
extension;
(8) the President should accelerate assistance to the
African Union force in Darfur and discussions with the African
Union and the European Union and other supporters of the
African Union force on the needs of such force, including
assistance for housing, transportation, communications,
equipment, technical assistance such as training and command
and control assistance, and intelligence;
(9) the President should appoint a Presidential Envoy for
Sudan--
(A) to support the implementation of the Sudan
North-South Peace Agreement;
(B) to seek ways to bring stability and peace to
Darfur;
(C) to address instability elsewhere in Sudan; and
(D) to seek a comprehensive peace throughout Sudan;
(10) United States officials, including the President, the
Secretary of State, and the Secretary of Defense, should raise
the issue of Darfur in bilateral meetings with officials from
other members of the United Nations Security Council and
relevant countries, with the aim of passing a United Nations
Security Council resolution described in paragraph (2) and
mobilizing maximum support for political, financial, and
military efforts to stop the genocide in Darfur;
(11) the Secretary of State should immediately engage in a
concerted, sustained campaign with other members of the United
Nations Security Council and relevant countries with the aim of
achieving the goals described in paragraph (10);
(12) the United States fully supports the Sudan North-South
Peace Agreement and urges the rapid implementation of its
terms; and
(13) the United States condemns attacks on humanitarian
workers and calls on all forces in Darfur, including forces of
the Government of Sudan, all militia, and forces of the Sudan
People's Liberation Army/Movement and the Justice and Equality
Movement, to refrain from such attacks.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) Freezing Assets.--At such time as the United States has access
to the names of those named by the UN Commission, the President shall
take such action as may be necessary to immediately freeze the funds
and other assets belonging to anyone so named, their family members,
and any associates of those so named to whom assets or property of
those so named were transferred on or after June 11, 2004, including
requiring that any United States financial institution holding such
funds and assets promptly report those funds and assets to the Office
of Foreign Assets Control.
(b) Visa Ban.--Beginning at such times as the United States has
access to the names of those named by the UN Commission, the President
shall deny visas and entry to--
(1) those named by the UN Commission;
(2) the family members of those named by the UN Commission;
and
(3) anyone the President determines has been, is, or may be
planning, carrying out, responsible for, or otherwise involved
in crimes against humanity, war crimes, or genocide in Darfur,
Sudan.
(c) Asset Reporting Requirement.--Not later than 14 days after a
decision to freeze the property or assets of, or deny a visa or entry
to, any person under this section, the President shall report the name
of such person to the appropriate congressional committees.
(d) Notification of Waivers of Sanctions.--Not later than 30 days
before waiving the provisions of any sanctions currently in force with
regard to Sudan, the President shall submit to the appropriate
congressional committees a report describing the waiver and the reasons
therefor.
SEC. 6. REPORTS TO CONGRESS.
(a) Reports on Stabilization in Sudan.--
(1) Initial report.--Not later than 30 days after the date
of enactment of this Act, the Secretary of State, in
conjunction with the Secretary of Defense, shall report to the
appropriate congressional committees on efforts to deploy an
African Union force in Darfur, the capacity of such force to
stabilize Darfur and protect civilians, the needs of such force
to succeed at such mission including housing, transportation,
communications, equipment, technical assistance, including
training and command and control, and intelligence, current
status of United States and other assistance to the African
Union force, and additional United States assistance needed.
(2) Subsequent reports.--The Secretary of State, in
conjunction with the Secretary of Defense, shall submit not
less than every 60 days until such time as the President
certifies that the situation in Darfur is stable and that
civilians are no longer in danger and that the African Union is
no longer needed to prevent a resumption of violence and
attacks against civilians.
(b) Report on Those Named by the UN Commission.--At such time as
the United States has access to the names of those named by the UN
Commission, the President shall submit to the appropriate congressional
committees a report listing such names.
(c) Reports on Accountability.--
(1) In general.--No later than 30 days after the date of
enactment of this Act and every 30 days thereafter, the
President shall submit to the appropriate congressional
committees a report on the status of efforts in the United
Nations Security Council to ensure prompt prosecution and
adjudication of those named by the UN Commission in a competent
international court of justice.
(2) Content.--The reports required under paragraph (1)
shall describe--
(A) the status of any relevant resolution
introduced in the United Nations Security Council;
(B) the policy of the United States with regard to
such resolutions;
(C) the status of all possible venues for
prosecution and adjudication of those named by the UN
Commission, including whether such venues have the
jurisdiction, personnel and assets necessary to
promptly prosecute and adjudicate cases involving such
persons; and
(D) any ongoing or planned United States or other
assistance related to the prosecution and adjudication
of cases involving those named by the UN Commission.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1938-1940)
Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S1941-1942)
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