Sudan Peace, Security, and Accountability Act of 2013 - Directs the President to develop and transmit to Congress a comprehensive strategy to end serious human rights violations in Sudan and to promote comprehensive peace and democratic reform. Requires the strategy to include an interagency plan along with a description of the resources and additional personnel required for the diplomatic, economic, intelligence, and military activities to be undertaken to address and end human rights violations, strengthen democratic institutions, and expand democratic participation and governance, including capacity building of Sudanese civil society, political parties, and nongovernmental organizations seeking peaceful democratic change.
Requires a description of: (1) the options for expanding U.S. diplomatic engagement with countries with close political or economic relations with Sudan, including China, Russia, Qatar, Egypt, and other traditional allies and multilateral organizations; and (2) the manner in which sanctions against Sudan or Sudanese individuals will be more effectively enforced, including by providing adequate resources and personnel to the Office of Foreign Assets Control (OFAC) within the Department of the Treasury, prioritizing the enforcement of Sudan sanctions within OFAC, and mandating increased collection of intelligence information on Sudanese targets of sanctions.
Directs the President to impose specified visa, development assistance, security assistance, property, credit, financial assistance, export, cultural, or scientific sanctions on any person or government that: (1) supported or assisted Sudan in the commission of serious human rights violations in Sudan, including by selling, leasing, or otherwise transferring military equipment to Sudan or providing property, goods, technology, services, or other support in the amount of $500,000 or more that directly and significantly contributes to Sudan committing or assisting in the commission of serious human rights violations; (2) is interfering or has interfered with the delivery of humanitarian aid to Sudan; (3) is impeding the peace process or threatening the stability of any part of Sudan or the region; or (4) failed to execute an International Criminal Court arrest warrant against any Sudanese official if such person or government had the jurisdictional authority to execute the warrant and failed to make the arrest without reasonable justification.
Prohibits the imposition of sanctions or other prohibitions on any government or person that is: (1) acting on behalf of the government of South Sudan in connection with the shipment or payment for oil from South Sudan or the advancement of peace between Sudan and South Sudan, or (2) providing humanitarian aid to Sudan.
Amends: (1) the Comprehensive Peace in Sudan Act of 2004 to make its asset and visa sanctions applicable to Sudan, and (2) the Darfur Peace and Accountability Act of 2006 to impose such sanctions on Janjaweed commanders and coordinators threatening peace and stability in Sudan.
Terminates sanctions upon certification by the President that specified conditions have been met.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1692 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1692
To require the development of a comprehensive strategy to end serious
human rights violations in Sudan, to create incentives for governments
and persons to end support of and assistance to the Government of
Sudan, to reinvigorate genuinely comprehensive peace efforts in Sudan,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2013
Mr. McGovern (for himself, Mr. Wolf, Mr. Capuano, Mr. McCaul, Ms. Lee
of California, Mr. Schock, Ms. Bass, Ms. Schakowsky, Mr. Van Hollen,
Mr. Sherman, Mr. Grijalva, Ms. Edwards, Mr. Clay, Ms. Moore, Mrs.
Carolyn B. Maloney of New York, Mr. Conyers, Mr. DeFazio, Mr. Carson of
Indiana, Mr. Cicilline, Mr. Johnson of Georgia, Ms. McCollum, Mr.
Michaud, Mr. Rush, Mr. Moran, Mr. Markey, Mr. McIntyre, Mr. Polis, and
Mr. Welch) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, Oversight and Government Reform, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To require the development of a comprehensive strategy to end serious
human rights violations in Sudan, to create incentives for governments
and persons to end support of and assistance to the Government of
Sudan, to reinvigorate genuinely comprehensive peace efforts in 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; TABLE OF CONTENTS.
(a) Short Title.--The Act may be cited as the ``Sudan Peace,
Security, and Accountability Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Requirement of a comprehensive strategy to end serious human
rights violations, promote democratic
transformation, and create peace throughout
Sudan.
Sec. 6. Sanctionable acts.
Sec. 7. Description of sanctions.
Sec. 8. Ineligibility for visas and admission to the United States.
Sec. 9. Prohibition on all transactions in property, goods, and
technology.
Sec. 10. Expanding sanctions and other authorities in support of peace
in Sudan.
Sec. 11. Report.
Sec. 12. Termination of sanctions.
SEC. 2. DEFINITIONS.
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on the
Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term under section
5312(a)(2) of title 31, United States Code.
(4) Government of sudan.--The term ``Government of Sudan''
means--
(A) the government in Khartoum, Sudan, which is led
by the National Congress Party; or
(B) any successor government formed on or after the
date of the enactment of this Act.
(5) Military equipment.--The term ``military equipment''
means--
(A) weapons, arms, supplies, or parts that readily
may be used for military purposes, including radar
systems, aerial weapons, or military-grade transport
vehicles; or
(B) supplies or services sold or provided directly
or indirectly to any person or government
participating, supporting, or assisting in armed
conflict in Sudan.
(6) Person.--The term ``person'' has the meaning given such
term in section 2(9) of the Sudan Accountability and Divestment
Act of 2007 (50 U.S.C. 1701 note; Public Law 110-174),
including any board of directors or executives of such a
person.
(7) Support.--The term ``support'' or ``supported'' means--
(A) any type of material, financial, or logistical
assistance; or
(B) in the case of the Government of Sudan, failure
to prevent or punish serious human rights violations by
a person in Sudan that is committing or assisting in
the commission of serious human rights violations.
(8) Serious violations of human rights.--The term ``serious
violations of human rights'' includes the following:
(A) Genocide, as described in section 1091 of title
18, United States Code.
(B) Torture, as such term is defined in section
2340 of title 18, United States Code.
(C) War crimes, as such term is defined in
subsections (c) and (d) of section 2441 of title 18,
United States Code.
(D) Consistent patterns of gross violations of
internationally recognized human rights as described in
section 502b(a) of the Foreign Assistance Act of 1961.
(E) Persecution, as interpreted by judicial and
administrative case law in the application of section
101(a)(42) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(42)).
(F) Acts or omissions described in the President's
``Proclamation 8697--Suspension of Entry as Immigrants
and Nonimmigrants of Persons Who Participate in Serious
Human Rights and Humanitarian Law Violations and Other
Abuses'' (Aug. 4, 2011).
SEC. 3. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) On October 21, 2002, the ``Sudan Peace Act'' was
enacted into law as Public Law 107-245.
(2) 2013 marks ten years from the start of crimes in Darfur
that were later found to constitute genocide, and 2014 marks
ten years from when the House of Representatives, the Senate,
and the United States concluded that crimes in Darfur committed
by the Government of Sudan constituted genocide.
(3) On July 22, 2004--
(A) the House of Representatives adopted House
Concurrent Resolution 467 by a vote of 422-0,
concluding that crimes in Darfur constituted genocide;
and
(B) the Senate adopted Senate Concurrent Resolution
1330 by unanimous consent and declared, ``[T]he
atrocities unfolding in Darfur, Sudan, are genocide.''.
(4) On September 9, 2004, then-Secretary of State Colin
Powell testified before the Committee on Foreign Relations of
the Senate that ``genocide has occurred and may still be
occurring in Darfur'' and ``the Government of Sudan and the
Janjaweed bear responsibility''.
(5) On December 23, 2004, the ``Comprehensive Peace in
Sudan Act of 2004'' was enacted into law as Public Law 108-497.
(6) On October 13, 2006, the ``Darfur Peace and
Accountability Act of 2006'' was enacted into law as Public Law
109-344.
(7) On April 27, 2007, the International Criminal Court
(ICC) issued arrest warrants for--
(A) former Sudanese Minister of the Interior Ahmad
Muhammad Harun, who currently serves as Governor of the
Sudanese state of South Kordofan, on 20 counts of
crimes against humanity and 22 counts of war crimes in
Darfur; and
(B) Janjaweed Commander Ali Muhammad Ali Abd-Al-
Rahman (``Ali Kushayb'') on 22 counts of crimes against
humanity and 28 counts of war crimes.
(8) On December 31, 2007, the ``Sudan Accountability and
Divestment Act of 2007'' was enacted into law as Public Law
110-174.
(9) In May 2008, the Government of Sudan invaded Abyei and
has since forcibly removed the Ngok Dinka population, which
subsequently led to the conclusion of the Abyei Roadmap
agreement that called for an arbitration to resolve the dispute
over the area's boundaries.
(10) On March 4, 2009, the ICC issued an arrest warrant for
Omar al-Bashir, the sitting President of Sudan, on two counts
of war crimes and five counts of crimes against humanity
related to Darfur.
(11) On July 10, 2010, the ICC issued a second arrest
warrant for Omar al-Bashir, the sitting President of Sudan, on
three counts of genocide related to Darfur.
(12) On May 21, 2011, the Government of Sudan invaded the
disputed Abyei region which resulted in the displacement of
more than 113,000 civilians, almost all of whom were Ngok
Dinka, and has not withdrawn its forces despite entering into
an agreement to do so.
(13) A United Nations report, dated May 29, 2011, stated
that the invasion of the Abyei region by the Sudanese Armed
Forces (SAF) could lead to ``ethnic cleansing''.
(14) On June 5, 2011, fighting erupted in South Kordofan,
which included the aerial bombardment of civilian areas by the
Sudanese Air Force, resulting in the displacement of more than
200,000 civilians. On September 1, 2011, similar fighting broke
out in Blue Nile.
(15) In July 2011, the Government of Sudan signed the Doha
Document for Peace in Darfur with one rebel group, but the
agreement did not include other significant groups.
(16) Aerial bombardments in civilian areas of South
Kordofan and Blue Nile have severely impeded the ability of the
population to engage in normal agricultural activities, leading
to the potential for a massive famine affecting hundreds of
thousands of people, and has caused widespread displacement of
civilians. Moreover, the Government of Sudan has continually
blocked humanitarian relief to vulnerable populations
devastated by its aerial bombardments.
(17) On August 15, 2011, the United Nations Office of the
High Commissioner for Human Rights released a preliminary
report stating that alleged violations of international law by
Sudanese forces in the South Kordofan region ``may constitute
war crimes and crimes against humanity''. Reported violations
included extrajudicial killings, arbitrary arrests and illegal
detention, forced disappearances, aerial bombardments and
attacks against civilians, looting and destruction of civilian
homes and villages, massive displacement, attacks on churches,
interference with medical and humanitarian assistance, and
allegations of targeted attacks against ethnic and racial
groups and the existence of mass graves. Subsequent reports by
the United Nations and other independent monitors document the
continuation of theses violations throughout 2012 and the
beginning of 2013.
(18) On March 1, 2012, the ICC issued an arrest warrant
against the current Sudanese Defense Minister Abdel Raheem
Muhammad Hussein for crimes against humanity and war crimes
committed in Darfur from August 2003 to March 2004.
(19) Recent offensive operations in South Kordofan and Blue
Nile by Sudanese Armed Forces have led to significant and
increasing flows of refugees to Ethiopia and South Sudan, and
on November 10, 2011, reports by the United Nations indicated
that aerial bombardment by the Sudanese Armed Forces was used
against a refugee camp in South Sudan. On January 24, 2012,
UNHCR again condemned an air raid carried out at a refugee
transit site located within South Sudan.
(20) Reports of cross border ground attacks by Sudan into
South Sudan, aerial bombardment inside South Sudan and the
increasing presence of Sudanese military forces close to the
border between Sudan and South Sudan are provocative acts that
raise tensions between the two countries, increasing the risk
of a military conflict and the aggravation of the humanitarian
crisis.
(21) In January 2013, the United Nations Office for the
Coordination of Humanitarian Affairs (OCHA) stated that some
900,000 Sudanese people are in need of humanitarian aid in
South Kordofan and Blue Nile provinces and in neighboring
countries where they have sought refuge, describing their
situation as bleak and urgent. OCHA further reported that there
is a deficit of political will by both sides of the conflict to
do what is necessary to provide access to international
humanitarian agencies to help the people where they so urgently
and desperately need aid.
(22) In February 2013, the United Nations documented that
over 1.5 million people have been displaced or severely
affected as a result of violence in Darfur, Abyei, South
Kordofan, and Blue Nile provinces, including some 90,000-
100,000 Darfuris newly displaced in 2012. In addition, over
40,000 people of South Sudanese origin remain stranded in
Khartoum State and are living in dire conditions awaiting
repatriation to South Sudan.
(23) There is sufficient evidence to conclude that the
Government of Sudan and persons controlled or supported by the
Government of Sudan are using military equipment to commit or
assist in committing serious human rights violations.
(24) In May 2012, the United Nations Security Council
passed Resolution 2046, calling on the Governments of Sudan and
South Sudan to address several remaining unresolved issues,
including humanitarian access to South Kordofan and Blue Nile,
or face consequences under Chapter VII of the United Nations
Charter, including possible sanctions.
(25) In July 2012, the Government of Sudan signed a
Tripartite Agreement with the African Union, the League of Arab
States, and the United Nations to allow international
humanitarian access to South Kordofan and Blue Nile, but as of
the beginning of March 2013, such access continues to be
blocked by the Government of Sudan.
(26) In September 2012, the Governments of Sudan and South
Sudan signed a series of security and economic framework
agreements. In March 2013, the two sides agreed to an
implementation matrix and modalities for the demilitarized
buffer zone along their shared borders, but the slow pace of
implementation of those agreements and the lack of an agreement
over the final status of Abyei and the demarcation of the
north-south border threaten peace and stability in the region,
and in particular peace and stability along the north-south
borders of these countries.
SEC. 4. STATEMENT OF POLICY.
(a) Statement of Policy.--It shall be the policy of the United
States to take urgent action to--
(1) promote a genuinely comprehensive approach to resolving
all issues related to serious human rights violations and
political instability in Sudan, with the goal of encouraging a
single, comprehensive agreement that provides a framework for
democratic reform and lasting peace throughout all of Sudan, as
well as a transparent, fair, and all-inclusive constitutional
process;
(2) ensure that work on a single, comprehensive solution to
Sudan's multiple conflicts runs parallel to negotiations
between the Governments of Sudan and South Sudan but such
comprehensive solution is not conditioned on the status of
Sudan-South Sudan negotiations, and is coordinated effectively
so as to prevent obstacles that may arise in Sudan-South Sudan
from delaying or derailing work on such comprehensive solution;
(3) identify actions to provide immediate protection to
noncombatants throughout Sudan who have been victims of serious
human rights violations or are vulnerable to becoming victims
of serious human rights violations, including--
(A) demanding that the Government of Sudan permit
free and unfettered access for international
humanitarian aid throughout Sudan, including throughout
Darfur, South Kordofan, Blue Nile, and Abyei, and
absent such agreement, the United States should seek
other mechanisms to mitigate the effects of the lack of
such humanitarian aid;
(B) considering options, including in consultation
with key international and regional actors described in
paragraph (6), in which the United States could enforce
the existing United Nations-imposed ban on offensive
military flights over Darfur, as well as an extension
of that ban to include South Kordofan, Blue Nile, and
Abyei;
(C) calling upon all persons and governments to
immediately cease all selling, leasing, loaning,
exporting, or otherwise transferring of military
equipment to the Government of Sudan or to any person
controlled or supported by the Government of Sudan;
(D) engaging United States allies to adopt and
impose sanctions against the Government of Sudan
similar to the sanctions already enacted by the United
States and the sanctions described in this Act so as to
strengthen multilateral coordination and action to
achieve a comprehensive resolution to Sudan's multiple
conflicts and unfettered access for international
humanitarian aid for Sudan's vulnerable populations;
and
(E) urging the United Nations Security Council to--
(i) ban all sales, leases, loans, exports,
or transfers of military equipment to the
Government of Sudan or any person controlled or
supported by the Government of Sudan;
(ii) expand the existing ban on all
military flights over Darfur provided for under
paragraph 6 of United Nations Security Council
Resolution 1591 (2005) to other areas of Sudan
where there are currently serious human rights
violations occurring, including in South
Kordofan, Blue Nile, and Abyei; and
(iii) authorize a peacekeeping force that
contains a human rights monitoring component
and the appropriate mandate and resources
necessary to protect civilians to any area of
Sudan not currently served by such a force and
for which there is credible evidence of serious
human rights violations;
(4) promote free and transparent democratic reform in
Sudan, including exploring methods through which the United
States can provide technical support, training, capacity
building, and funding to promote and strengthen democratic
institutions, nongovernmental organizations, civil society, and
representative political participation in Sudan, including
those institutions and organizations that can represent and
articulate the demands of marginalized constituencies, such as
the peripheries, youth, women, nomads, and urban and rural
poor;
(5) hold persons and governments accountable for committing
or assisting in the commission of serious human rights
violations, or for supporting or assisting those persons and
governments that commit or assist in the commission of human
rights violations, including--
(A) ensuring that all sanctions in effect against
the Government of Sudan are exercised against all
applicable Government of Sudan-controlled or supported
persons and property, bearing in mind that the
Government of Sudan may have nominally transferred
certain state-controlled or supported persons and
property to leaders within the National Congress Party
(NCP) while preserving Government of Sudan control over
or support of those persons and financial interests;
(B) expanding sanctions to target the Government of
Sudan and persons controlled or supported by the
Government of Sudan in the commission or assistance of
serious human rights violations throughout Sudan,
including in Darfur, South Kordofan, Blue Nile, or
Abyei;
(C) formulating and enforcing sanctions against
persons or governments outside of Sudan that support or
assist the Government of Sudan or persons controlled or
supported by the Government of Sudan in the commission
or assistance of serious human rights violations in
Sudan;
(D) formulating and enforcing sanctions against
persons or governments that fail to execute an
International Criminal Court arrest warrant against any
Government of Sudan official as described under section
6(d);
(E) urging the United Nations Security Council to--
(i) create a more comprehensive,
international set of sanctions against the
Government of Sudan and persons controlled or
supported by the Government of Sudan that
commit, assist in, or otherwise support serious
human rights violations in Sudan;
(ii) expand the ICC's mandate beyond only
Darfur to cover all of Sudan, including South
Kordofan, Blue Nile, and Abyei; and
(iii) adopt the broadest authority
possible, including the application of the
United Nations' Charter Chapter 7 powers, to
execute any ICC arrest warrants issued against
any person in Sudan;
(F) encouraging countries to cooperate in executing
ICC arrest warrants related to allegations of genocide,
war crimes, and crimes against humanity in Sudan; and
(G) determining the extent of serious human rights
violations throughout Sudan, including in Darfur, South
Kordofan, Blue Nile, and Abyei, which may include
sending an assessment team to interview refugees in
Ethiopia and South Sudan;
(6) ensure the resolution of all outstanding issues between
the Governments of Sudan and South Sudan, including--
(A) enhancing diplomacy with the African Union High
Level Implementation Panel, the United Nations, and
other key international and regional actors described
in paragraph (6) that have significant influence or
interests related to the region to assist the
Governments of Sudan and South Sudan to continue high
level engagement to resolve outstanding issues, address
points of conflict, and ensure a peaceful relationship
between the two countries, including--
(i) reaching agreement on the final status
of Abyei and the disputed border areas; and
(ii) implementing fully the framework and
cooperation agreements signed in September 2012
on security, oil, financial matters,
nationality, trade, and other critical issues;
and
(B) insisting that the Governments of Sudan and
South Sudan respect the political independence and
territorial integrity of neighboring countries; and
(7) engage with key international and regional actors,
including the African Union, the United Nations, the European
Union, the League of Arab States, China, Russia, Ethiopia,
Qatar, Turkey, and other governments and persons that have
significant influence or interests related to Sudan, in order
to achieve the policies of this section and the overall goals
of this Act.
SEC. 5. REQUIREMENT OF A COMPREHENSIVE STRATEGY TO END SERIOUS HUMAN
RIGHTS VIOLATIONS, PROMOTE DEMOCRATIC TRANSFORMATION, AND
CREATE PEACE THROUGHOUT SUDAN.
(a) Requirement for Development and Submission of Comprehensive
Strategy.--Not later than 180 days after the date of the enactment of
this Act, the President shall develop and transmit to the appropriate
congressional committees a comprehensive strategy in accordance with
the statement of policy specified in section 4.
(b) Contents of Strategy.--The strategy required under subsection
(a) shall include the following:
(1) The development of an interagency plan and the
commitment of resources to end serious human rights violations
in Sudan, create a nationwide, comprehensive peace, and promote
democratic reform. Such interagency plan shall describe--
(A) the diplomatic, economic, intelligence, and
military activities to be undertaken to address and end
human rights violations, strengthen democratic
institutions, and expand democratic participation and
governance, including capacity building of Sudanese
civil society, political parties, and nongovernmental
organizations seeking peaceful democratic change;
(B) the resources required to carry out the
activities described in subparagraph (A), and the
additional diplomatic personnel required in Sudan for
such activities and outreach to civil society;
(C) options for expanding United States diplomatic
engagement with countries with close political or
economic relations with Sudan, including China, Russia,
Qatar, Egypt, and other traditional allies of Sudan,
and with multilateral organizations, in order to
promote and achieve a comprehensive peace process
within Sudan; and
(D) how sanctions against the Government of Sudan
or Sudanese individuals shall be more effectively
enforced, including by providing adequate resources and
personnel to the Office of Foreign Assets Control
(OFAC) within the Department of the Treasury,
prioritizing the enforcement of sanctions against Sudan
within OFAC, and mandating increased collection of
intelligence information on Sudanese targets of
sanctions.
(2) A description of the United States diplomatic,
economic, intelligence, and military actions and capabilities
engaged, as of the date of the enactment of this Act, with
Sudan, including multilateral efforts.
(3) A review of governments and persons outside of Sudan
that provide diplomatic, economic, intelligence, and military
support or assistance to the Government of Sudan, including
governments and persons that facilitate the export of military
equipment to Sudan.
(4) A list of governments and persons identified in
paragraph 3 that may be committing sanctionable acts (as
defined in section 6).
(5) A process for providing timely and regular information
to the President for the purpose of determining whether a
government or person may be committing sanctionable acts (as
defined in section 6).
(6) An assessment of the United States diplomatic,
economic, intelligence, and military actions and capabilities
that reasonably may be utilized, strengthened, or improved to
further the objective of ending serious human rights violations
in Sudan and of promoting a nationwide, comprehensive peace and
democratic reform strategy. This assessment should include
multilateral and bilateral efforts through the United Nations,
other governments and persons that have significant influence
or interests in Sudan, and humanitarian NGOs.
(c) Agencies Specified.--The agencies involved in the development
of the interagency plan required under subsection (b)(1) are the
following:
(1) The Department of State and the United States Agency
for International Development (USAID), including the Special
Envoy for Sudan and South Sudan, the Bureau of Democracy, Human
Rights, and Labor (DRL), the Bureau of Conflict and
Stabilization Operations, and USAID's Bureau of Democracy,
Conflict, and Humanitarian Assistance.
(2) The Department of the Treasury, including the Office of
Foreign Assets Control (OFAC).
(3) The Department of Homeland Security.
(4) The Department of Commerce, including the Bureau of
Industry and Security (BIS).
(5) The Department of Defense.
(6) The National Security Council.
(7) The Office of the Director of National Intelligence and
the Central Intelligence Agency.
(8) The Department of Justice.
(d) Form.--The strategy required under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6. SANCTIONABLE ACTS.
(a) Providing Support or Assistance in the Commission of Serious
Human Rights Violations in Sudan.--The President shall impose on any
person or government at least two of the sanctions specified in section
7 if the President determines and certifies to the appropriate
congressional committees that such person or government has supported
or assisted the Government of Sudan or any person controlled or
supported by the Government of Sudan in the commission, or assistance
in the commission, of serious human rights violations in Sudan,
including by--
(1) selling, leasing, loaning, exporting, or otherwise
transferring military equipment to the Government of Sudan or
any person controlled or supported by the Government of Sudan;
or
(2) providing in any 12-month period any property, goods,
technology, services, or other support in the amount of
$500,000 or more, or any combination of such items or support
the aggregate of which exceeds $500,000 in any such period,
that directly and significantly contributes to the Government
of Sudan or any person controlled or supported by the
Government of Sudan to commit or assist in the commission of
serious human rights violations.
(b) Interfering With Humanitarian Aid.--The President shall impose
on any person or government at least two of the sanctions specified in
section 7 if the President determines and certifies to the appropriate
congressional committees that such person or government is interfering
or has interfered with the delivery of humanitarian aid to Sudan.
(c) Impeding or Threatening Peace and Stability in Sudan.--The
President shall impose on any person or government at least two of the
sanctions specified in section 7 if the President determines and
certifies to the appropriate congressional committees that such person
or government is impeding the peace process or threatening the
stability of any part of Sudan or the region.
(d) Failure To Execute ICC Arrest Warrants Against Government of
Sudan Officials.--The President shall impose on any person or
government at least two of the sanctions specified in section 7 if the
President determines and certifies to the appropriate congressional
committees that such person or government has failed to execute an
International Criminal Court arrest warrant against any Government of
Sudan official if such person or government--
(1) had the jurisdictional authority to execute the
warrant;
(2) had the opportunity to execute the warrant; and
(3) failed to do so without reasonable justification.
(e) Exception for South Sudan.--No sanctions or other prohibitions
described in this Act shall be imposed on any government or person that
is acting on behalf of the Government of South Sudan in connection
with--
(1) the shipment or payment for oil from South Sudan; or
(2) the advancement of peace between Sudan and South Sudan.
(f) Exception for Sales of Humanitarian Aid, Including Food,
Medicine, and Medical Devices.--No sanctions or other prohibitions
described in this Act shall be imposed on any government or person that
is or has conducted or facilitated the provision or sale of
humanitarian aid, including food, medicine, or medical devices, to the
Government of Sudan or any person controlled or supported by the
Government of Sudan.
SEC. 7. DESCRIPTION OF SANCTIONS.
(a) Sanctions.--The sanctions referred to in section 6 are the
following:
(1) The withdrawal, limitation, or suspension of United
States development assistance under part I of the Foreign
Assistance Act of 1961.
(2) Directing the Export-Import Bank of the United States,
the Overseas Private Investment Corporation, or the Trade and
Development Agency to not approve the issuance of any (or a
specified number of) guarantees, insurance, extensions of
credit, or participation in an extension of credit with respect
to the person or government identified by the President under
section 6 of this Act.
(3) The withdrawal, limitation, or suspension of United
States security assistance under part II of the Foreign
Assistance Act of 1961.
(4) In accordance with section 701 of the International
Financial Institutions Act, directing the United States
executive director at international financial institutions
referred to in such section to oppose and vote against loans
primarily benefitting the person or government identified by
the President under section 6 of this Act.
(5) Ordering the heads of the appropriate United States
departments and agencies not to issue any (or a specified
number of) specific licenses, and not to grant any other
specific authority (or a specified number of authorities), to
export any goods or technology to the person or government
identified by the President under section 6 of this Act,
under--
(A) the Export Administration Act of 1979 (as
continued in effect by the International Emergency
Economic Powers Act);
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or re-export of goods or
services.
(6) Prohibiting any United States financial institution or
person from making loans or providing credits totaling more
than $500,000 in any 12-month period to the person or
government identified by the President under section 6 of this
Act.
(7) Prohibiting the United States Government from
procuring, or entering into any contract for the procurement
of, any goods or services from the person or government
identified by the President under section 6 of this Act.
(8) Downgrading, suspending, or canceling at least one
official, economic, cultural, or scientific visit, meeting, or
contact between any person or government within the
jurisdiction of the United States and the government identified
by the President under section 6 of this Act.
(b) Presidential Authority for Additional Sanctions.--The President
may impose additional sanctions not specified in subsection (a)
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to any person or government identified by
the President under section 6 of this Act.
(c) Waiver.--The President may waive the application of section 6
of this Act with respect to any person or government identified by the
President under such section if the President determines that such a
waiver is in the national interests of the United States. At least 30
days before granting such a waiver, the President shall provide the
appropriate congressional committees notice of, and a justification
for, such waiver.
SEC. 8. INELIGIBILITY FOR VISAS AND ADMISSION TO THE UNITED STATES.
(a) In General.--An alien is ineligible to receive any visa to
enter the United States if the President has made a determination
regarding the alien under section 6.
(b) Revocation.--The Secretary of State shall revoke, including
retroactively revoke if the alien has been admitted to the United
States, in accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of
any alien if the President has made a determination regarding the alien
under section 6 of this Act.
(c) Inadmissibility and Removability.--
(1) Inadmissibility.--An arriving alien may be charged
under any applicable provision of section 212 of the
Immigration and Nationality Act if the President has made a
determination regarding the alien under section 6.
(2) Removability.--An alien admitted to the United States
may be charged under any applicable provision of section 237 of
the Immigration and Nationality Act if the President has made a
determination regarding the alien under section 6.
(d) Certain Family Members Also Ineligible for Visas and
Admission.--The following persons, if they are aliens, are subject to
subsections (a) through (c) if the President has made a determination
under section 6 with respect to an alien:
(1) The spouse of the alien identified by the President
under section 6.
(2) The natural, adopted, or step- son or daughter of the
alien so identified.
(3) The natural or legal parents, step-parents, or
guardians of the alien so identified.
(4) The natural or legal grandparents or step-grandparents
of the alien so identified.
(e) Visa Waiver.--The Secretary of State may waive the application
of subsections (a), (b), and (d) if the Secretary determines that such
a waiver is in the national interests of the United States. At least 30
days before granting such a waiver, the Secretary shall provide to the
appropriate congressional committees notice of, and a justification
for, the waiver.
(f) Inadmissibility and Removal Waiver.--The Secretary of Homeland
Security may waive the application of subsections (c) and (d) if the
Secretary determines that such a waiver is in the national interests of
the United States. At least 30 days before granting such a waiver, the
Secretary shall provide to the appropriate congressional committees
notice of, and a justification for, the waiver.
SEC. 9. PROHIBITION ON ALL TRANSACTIONS IN PROPERTY, GOODS, AND
TECHNOLOGY.
(a) Prohibition of Property Transactions.--The Secretary of the
Treasury shall block and prohibit all transactions in all property and
interests in property, including any goods or technology, of any person
or government in the United States, that come within the United States,
or that are or come within the possession or control of a person within
the jurisdiction of the United States, if a person or government--
(1) is designated by the President under section 6; or
(2) acts as an agent of or on behalf of a person or
government designated by the President under section 6 in a
matter relating to the activity for which the person or
government was added to that list.
(b) Waiver for National Interests.--The Secretary of the Treasury
may waive the application of subsection (a) if the Secretary determines
that such a waiver is in the national interests of the United States.
At least 30 days before granting such a waiver, the Secretary shall
provide to the appropriate congressional committees notice of, and a
justification for, the waiver.
(c) Enforcement.--
(1) Penalties.--A person or government that violates,
attempts to violate, conspires to violate, or causes a
violation of this section or any regulation, license, or order
issued to carry out this section shall be subject to the
penalties specified in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of such section.
(2) Requirements for financial institutions.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall prescribe regulations to require each
financial institution in the United States--
(i) to perform an audit of the assets
within the possession or control of the
financial institution to determine whether any
of such assets are required to be frozen
pursuant to subsection (a); and
(ii) to submit to the Secretary--
(I) a report containing the results
of the audit; and
(II) a certification that, to the
best of the knowledge of the financial
institution, the financial institution
has frozen all assets within the
possession or control of the financial
institution that are required to be so
frozen.
(B) Penalties.--The penalties provided for in
sections 5321(a) and 5322 of title 31, United States
Code, shall apply to a financial institution that
violates a regulation prescribed under subparagraph (A)
in the same manner and to the same extent as such
penalties would apply to any person that is otherwise
subject to such sections 5321(a) or 5322.
(d) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, or orders as are necessary to carry
out this section.
SEC. 10. EXPANDING SANCTIONS AND OTHER AUTHORITIES IN SUPPORT OF PEACE
IN SUDAN.
(a) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President.--Section 6(c) of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is amended--
(1) by striking ``Darfur Peace and Accountability Act of
2006'' each place it appears and inserting ``Sudan Peace,
Security, and Accountability Act of 2013''; and
(2) by striking ``in Darfur'' each place it appears and
inserting ``in Sudan''.
(b) Sanctions Against Janjaweed Commanders and Coordinators or
Other Individuals.--Section 5(c) of the Darfur Peace and Accountability
Act of 2006 (Public Law 109-344; 50 U.S.C. 1701 note) is amended--
(1) by inserting ``and as amended by section 10(a) of the
Sudan Peace, Security, and Accountability Act of 2013,'' after
``as added by subsection (a)''; and
(2) by striking ``in Darfur'' and inserting ``in Sudan''.
(c) Additional Authorities To Deter and Suppress Genocide in
Sudan.--
(1) In general.--Section 6 of the Darfur Peace and
Accountability Act of 2006 (Public Law 109-344; 50 U.S.C. 1701
note) is amended--
(A) in the section heading, by striking ``genocide
in darfur'' and inserting ``human rights violations in
sudan'';
(B) by striking subsections (a) through (d); and
(C) by redesignating subsections (e) and (f) as
subsections (a) and (b), respectively.
(2) Clerical amendment.--The table of contents for such Act
is amended by striking the item relating to section 6 and
inserting the following:
``Sec. 6. Additional authorities to deter and suppress human rights
violations in Sudan.''.
(d) Continuation of Restrictions.--Section 7(a) of the Darfur Peace
and Accountability Act of 2006 (Public Law 109-344; 50 U.S.C. 1701
note) is amended by striking ``the Government of Sudan is acting in
good faith to'' and all that follows through the period at the end and
inserting ``the Government of Sudan has met the requirements described
in paragraphs (1) through (10) of section 12 of the Sudan Peace,
Security, and Accountability Act of 2013.''.
(e) Rule of Construction.--The amendments made to section 6 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) and section 7(a) of the Darfur Peace and Accountability Act
of 2006 (Public Law 109-344; 50 U.S.C. 1701 note) by this section may
not be construed to affect in any manner any sanctions that were
imposed pursuant to such section 6 or any restrictions imposed in
accordance with such section 7(a), as the case may be, on or before the
date of the enactment of this Act.
(f) Reporting Requirements.--The Sudan Peace Act (Public Law 107-
245; 50 U.S.C. 1701 note) is amended by striking section 8.
SEC. 11. REPORT.
(a) Report Required.--Not later than one year after the
transmission of the strategy required under section 5 and every 180
days thereafter, the President shall prepare and transmit to the
appropriate congressional committees a report on the progress made
toward the implementation of the strategy.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description and evaluation of actions taken toward
the implementation of the comprehensive strategy required under
section 5;
(2) a description of efforts to address and end human
rights violations and to strengthen and expand the capacity of
civil society in the areas of governance and democratic reform;
(3) a description of efforts to ensure, and the degree of
success in ensuring, free and unfettered access and delivery of
humanitarian aid to those individuals who need it, protect
civilians from attack, and the cessation of attacks on
noncombatants;
(4) a description of efforts to identify any person or
government that has engaged in any action under section 6 that
would trigger the imposition of sanctions under section 7;
(5) a description of efforts to renew engagement with key
regional and international actors, including the African Union,
the United Nations, the European Union, the League of Arab
States, China, Russia, Ethiopia, Qatar, Turkey, and other
governments and persons that have significant influence or
interests related to Sudan on the issue of sanctions with
respect to Sudan;
(6) a description of efforts taken and progress made to
update and expand the sanctions regime to target and include
Government of Sudan and persons who have committed serious
human rights violations in Sudan; and
(7) a description of efforts to work with the African
Union, the United Nations, the European Union, the League of
Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other
governments and persons that have significant influence or
interests related to Sudan to develop a comprehensive approach
to Sudan's many conflicts and engage the Government of Sudan in
achieving a comprehensive agreement for democratic reform.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 12. TERMINATION OF SANCTIONS.
The imposition of sanctions under sections 6 and 7 and the
restrictions under sections 8 and 9 shall terminate on the date that is
30 days after the date on which the President certifies to the
appropriate congressional committees that the Government of Sudan has--
(1) abided by all United Nations Security Council
Resolutions related to peace and humanitarian issues in Sudan;
(2) permanently ceased all attacks on noncombatants
throughout Sudan;
(3) demobilized and demilitarized any person controlled or
supported by the Government of Sudan which has committed or
assisted in serious human rights violations;
(4) cooperated with efforts to disarm, demobilize, and deny
safe haven in Sudan to members of the Lord's Resistance Army;
(5) granted free and unfettered access for delivery of
humanitarian assistance;
(6) allowed for the safe and voluntary return of refugees
and internally displaced persons;
(7) provided genuine accountability for persons who have
committed or assisted in serious human rights violations,
including those persons with political or military command
authority;
(8) permitted free, transparent, and all-inclusive
democratic reform in Sudan, with a constitutional process
leading to free and fair elections having occurred or scheduled
to occur in a reasonable amount of time;
(9) complied in substance and spirit with all peace
agreements signed since 2005, including the Darfur Peace
Agreement (Abuja), the Doha Document for Peace in Darfur, all
existing agreements with South Sudan, and any future agreements
that may be reached to achieve the goals of this Act; and
(10) negotiated in good faith for a resolution of all
conflicts in Sudan.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Border Security.
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