Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020
This bill requires the Department of State to submit a strategy outlining U.S. support for a transition to civilian-led government in Sudan, and it authorizes certain measures to support and assist such a political transition.
Specifically, the bill requires the State Department to submit a strategy that includes (1) an articulation of specific U.S. objectives for the political transition in Sudan and a plan to achieve such objectives; (2) an assessment of reforms necessary to promote human rights, essential freedoms, and accountability, as well as a description of efforts to address such reforms; and (3) an assessment of security sector reforms by the Sudanese government, such as demobilizing militias and fostering civilian control of the armed forces.
The bill also authorizes the President to provide certain support for (1) democratic governance, rule of law, human rights, and fundamental freedoms; (2) programs to advance economic growth, private-sector productivity, and market-based solutions to development challenges; (3) conflict mitigation strategies to support long-term peace, stability and oversight of Sudanese security and intelligence services; and (4) accountability for war crimes, crimes against humanity, and genocide.
The President must impose sanctions on individuals who the President determines are committing human rights abuses, exploiting natural resources, or undermining the political transition in Sudan.
Upon certification that Sudan has taken steps to improve fiscal transparency, the Department of the Treasury and the State Department must engage with international financial institutions to restructure, reschedule, or cancel the sovereign debt of Sudan. During the transitional period in Sudan, Treasury may also support the use of certain funds to respond to the COVID-19 (i.e., coronavirus disease 2019) outbreak in Sudan.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7682 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7682
To support a civilian-led democratic transition, promote accountability
for human rights abuses, and encourage fiscal transparency in Sudan,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2020
Mr. Engel (for himself, Mr. McCaul, Ms. Bass, Mr. McGovern, Mr. Kildee,
and Ms. Lee of California) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on the Judiciary, and Financial Services, 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 support a civilian-led democratic transition, promote accountability
for human rights abuses, and encourage fiscal transparency 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.
This Act may be cited as the ``Sudan Democratic Transition,
Accountability, and Fiscal Transparency Act of 2020''.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and
Development;
(J) the Multilateral Investment Guaranty Agency;
and
(K) any multilateral financial institution,
established after the date of enactment of this Act,
that could provide financial assistance to the
Government of Sudan.
(3) Sovereignty council.--The term ``Sovereignty Council''
means the governing body of Sudan during the transitional
period that consists of--
(A) five civilians selected by the Forces of
Freedom and Change;
(B) five members selected by the Transitional
Military Council; and
(C) one member selected by agreement between the
Forces of Freedom and Change and the Transitional
Military Council.
(4) Sudanese security and intelligence services.--The term
``Sudanese security and intelligence services'' means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan's Popular Defense Forces and other
paramilitary units;
(D) Sudan's police forces;
(E) the General Intelligence Service, previously
known as the National Intelligence and Security
Services; and
(F) related entities, such as Sudan's Military
Industry Corporation.
(5) Transitional period.--The term ``transitional period''
means the 39-month period beginning on August 17, 2019, the
date of the signing of Sudan's constitutional charter, during
which--
(A) the members of the Sovereignty Council
described in paragraph (3)(B) select a chair of the
Council for the first 21 months of the period; and
(B) the members of the Sovereignty Council
described in paragraph (3)(A) select a chair of the
Council for the remaining 18 months of the period.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support a civilian-led political transition in Sudan
that results in a democratic government, that is accountable to
its people, respects and promotes human rights, is at peace
internally and with its neighbors, and can be a partner for
regional stability;
(2) support the implementation of Sudan's constitutional
charter for the transitional period; and
(3) pursue a strategy of calibrated engagement with Sudan
that includes--
(A) facilitating an environment for free, fair, and
credible democratic elections and a pluralistic and
representative political system;
(B) supporting reforms that improve transparency
and accountability, remove restrictions on civil and
political liberties, and strengthen the protection of
human rights, including religious freedom;
(C) strengthening civilian institutions, judicial
independence, and the rule of law;
(D) empowering civil society and independent media;
(E) promoting national reconciliation and enabling
a just, comprehensive, and sustainable peace;
(F) promoting the role of women in government, the
economy, and society, in recognition of the seminal
role that women played in the social movement that
ousted former president Omar al-Bashir;
(G) promoting accountability for genocide, war
crimes, crimes against humanity, and sexual and gender-
based violence;
(H) encouraging the development of civilian
oversight over and professionalization of the Sudanese
security and intelligence services and strengthening
accountability for human rights violations and abuses,
corruption, or other abuses of power;
(I) promoting economic reform, private sector
engagement, and inclusive economic development while
combating corruption and illicit economic activity,
including that which involves the Sudanese security and
intelligence services;
(J) securing unfettered humanitarian access across
all regions of Sudan;
(K) supporting improved development outcomes,
domestic resource mobilization, and catalyzing market-
based solutions to improve access to health, education,
water and sanitation, and livelihoods; and
(L) promoting responsible international and
regional engagement.
SEC. 4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN RIGHTS,
AND FUNDAMENTAL FREEDOMS.
(a) Sense of Congress.--It is the sense of Congress that the
political transition in Sudan, following several months of popular
protests against the regime of Omar al-Bashir, represents an
opportunity for the United States to support democracy, good
governance, rule of law, human rights, and fundamental freedoms in
Sudan.
(b) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
(1) provide for democracy and governance programs that
strengthen and build the capacity of representative civilian
government institutions, political parties, and civil society
in Sudan;
(2) support the organization of free, fair, and credible
elections in Sudan;
(3) provide technical support for legal and policy reforms
that improve transparency and accountability and protect human
rights, including religious freedom, and civil liberties in
Sudan;
(4) support for human rights and fundamental freedoms,
including the freedoms of religion or belief; expression,
including for members of the press, assembly; and association
in Sudan;
(5) support measures to improve and increase women's
participation in the political, economic, and social sectors of
Sudan; and
(6) support other related democracy, good governance, rule
of law, and fundamental freedom programs and activities.
(c) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be
appropriated for each such fiscal year to carry out this section.
SEC. 5. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for
programs in Sudan to--
(1) increase agricultural and livestock productivity;
(2) promote economic growth, increase private sector
productivity and advance market-based solutions to address
development challenges;
(3) support women's economic empowerment and economic
opportunities for youth and previously marginalized
populations;
(4) improve equal access to quality basic education;
(5) support the capacity of universities to equip students
to participate in a pluralistic and global society through
virtual exchange and other programs;
(6) improve access to water, sanitation, and hygiene
projects;
(7) build the capacity of national and subnational
government officials to support the transparent management of
public resources, promote good governance through combating
corruption and improving accountability, increase economic
productivity, and increase domestic resource mobilization; and
(8) support other related economic assistance programs and
activities.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be
appropriated, for each such fiscal year to carry out this section.
SEC. 6. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapters 4, 5, and 6 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et
seq., and 2348 et seq.) to--
(1) support long-term peace and stability in Sudan by
promoting national reconciliation and enabling a just,
comprehensive, and sustainable peace, especially in regions
that have been underdeveloped or affected by war, such as the
states of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala;
(2) support civil society and other organizations working
to address conflict prevention, mitigation, and resolution
mechanisms and people-to-people reconciliation in Sudan,
especially those addressing issues of marginalization and
vulnerable groups, equal protection under the law, natural
resource management, compensation and restoration of property,
voluntary return, and sustainable solutions for displaced
persons and refugees;
(3) strengthen civilian oversight of the Sudanese security
and intelligence services and ensure that such services are not
contributing to the perpetuation of conflict in Sudan and to
the limitation of the civil liberties of all people in Sudan;
(4) assist in the human rights vetting and professional
training of security force personnel due to be employed or
deployed by the Sudanese security and intelligence services in
regions that have been underdeveloped or affected by war, such
as the states of Darfur, South Kordofan, Blue Nile, Red Sea,
and Kassala, including members of any security forces being
established pursuant to a peace agreement relating to such
regions;
(5) support provisions of the Comprehensive Peace Agreement
of 2005 and Abyei protocol, as appropriate, unless otherwise
superseded by a new agreement signed in good faith--
(A) between stakeholders in this region and the
Governments of Sudan and South Sudan to hold a free,
fair, and credible referendum on the status of Abyei;
and
(B) between stakeholders in this region and the
Government of Sudan to support popular consultations on
the status of the states of South Kordofan and Blue
Nile; and
(6) support other related conflict mitigation programs and
activities.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq.,
and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is
authorized to be appropriated for each such fiscal year to carry out
this section.
SEC. 7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN SUDAN.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement to
promote accountability and provide technical support to ensure that
credible, transparent, and independent investigations of gross
violations of human rights perpetrated by the Government of Sudan under
former President Omar al-Bashir and the Transitional Military Council
since June 30, 1989.
(b) In General.--Notwithstanding any other provision of law (other
than the Trafficking Victims Protection Act of 2000 or the Child
Soldiers Prevention Act of 2008), the President is authorized to
provide assistance under part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to--
(1) build the capacity of civilian investigators within and
outside of Sudan on how to document, investigate, develop
findings of, identify, and locate those responsible for war
crimes, crimes against humanity, or genocide in Sudan;
(2) collect, document, and protect evidence of war crimes,
crimes against humanity, and genocide in Sudan and preserve the
chain of custody for such evidence, including by providing
support for Sudanese, foreign, and international
nongovernmental organizations, and other entities engaged in
such investigative activities;
(3) build Sudan's judicial capacity to support prosecutions
in domestic courts and support investigations by hybrid or
international courts as appropriate;
(4) protect witnesses who participate in court proceedings
or other transitional justice mechanisms; and
(5) support other related conflict mitigation programs and
activities.
(c) Authorization of Appropriations.--Of the funds authorized to be
appropriated to carry out part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et
seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be
appropriated for each such fiscal year to carry out this section.
SEC. 8. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 4, 5, 6, or 7 to the
Government of Sudan if the President determines that conditions in
Sudan or the composition of the Government of Sudan changes such that
it is no longer in the United States national interest to continue to
provide such assistance.
(b) Report.--Not later than 30 days after making a determination
under subsection (a), the President shall submit to the appropriate
congressional committees a report that describes--
(1) the political and security conditions in Sudan that led
to such determination; and
(2) any planned diplomatic engagement to restart the
provision of such assistance.
SEC. 9. MULTILATERAL ASSISTANCE.
(a) Sense of the Congress.--It is the sense of the Congress that--
(1) Sudan's economic challenges are a legacy of decades of
kleptocracy, economic mismanagement, and war;
(2) Sudan's economic recovery will depend on--
(A) combating corruption and illicit economic
activity;
(B) ending internal conflicts in the states of
Darfur, South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and
development; and
(3) the COVID-19 outbreak constitutes a grave danger to
Sudan's economic stability, public health, and food security
and jeopardizes the transition to a civilian-led government
that promotes the democratic aspirations of the Sudanese
people.
(b) Responding to the COVID-19 Outbreak.--During the transitional
period in Sudan, and notwithstanding any other provision of law, the
Secretary of the Treasury may instruct the United States Executive
Director at each international financial institution to use the voice
and vote of the United States to support loans or other utilization of
the funds of the respective institution for Sudan for the purpose of
addressing basic human needs, responding to the COVID-19 outbreak and
its impact on the country's economic stability, or promoting democracy,
governance, or public financial management in Sudan.
(c) Debt Relief.--Upon the removal of Sudan from the State Sponsors
of Terrorism List, and once the Sovereignty Council is chaired by a
civilian leader, the Secretary of the Treasury and the Secretary of
State should engage with international financial institutions and other
bilateral official creditors to advance agreement through the Heavily
Indebted Poor Countries (HIPC) Initiative to restructure, reschedule,
or cancel the sovereign debt of Sudan.
(d) Reporting Requirement.--Not later than 3 months after the date
of the enactment of this Act, and not less than every 6 months
thereafter during the transitional period, the Secretary of the
Treasury, in consultation with the Secretary of State, shall report to
the appropriate congressional committees on the extent to which the
transitional government of Sudan has taken demonstrable steps to
strengthen governance and improve fiscal transparency, including--
(1) establishing civilian control over the finances and
assets of the Sudanese security and intelligence services;
(2) developing a transparent budget that accounts for all
expenditures related to the security and intelligence services;
(3) identifying the shareholdings in all public and private
companies not exclusively dedicated to the national defense
held or managed by the security and intelligence services, and
publicly disclosing, evaluating, and transferring all such
shareholdings to the Ministry of Finance of the Government of
Sudan or to any specialized entity of the Government of Sudan
established under law for this purpose, which is ultimately
accountable to a civilian authority;
(4) ceasing the involvement of the security and
intelligence services officials, and their immediate family
members, in the illicit trade in mineral resources, including
petroleum and gold;
(5) implementing a publicly transparent methodology for the
Government of Sudan to recover, evaluate, hold, manage, or
divest any state assets and the profits derived from the assets
that may have been transferred to the National Congress Party,
an affiliate of the National Congress Party, or an official of
the National Congress Party in the individual capacity of such
an official;
(6) identifying and monitoring the nature and purpose of
offshore financial resources controlled by the security and
intelligence services; and
(7) strengthening banking regulation and supervision and
addressing anti-money laundering and counter-terrorism
financing deficiencies.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the United States Senate.
SEC. 10. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE SUDANESE
PEOPLE.
The Secretary of State, in coordination with the Secretary of the
Treasury and the Attorney General, shall seek to advance the efforts of
the Government of Sudan to recover assets stolen from the Sudanese
people, including with regard to international efforts to--
(1) identify and track assets taken from the people and
institutions of Sudan through theft, corruption, money
laundering, or other illicit means; and
(2) with respect to assets identified pursuant to paragraph
(1), work with foreign governments and international
organizations to--
(A) share financial investigations intelligence, as
appropriate;
(B) oversee and manage the assets identified
pursuant to paragraph (1);
(C) as appropriate, advance, advance civil
forfeiture litigation, including providing technical
assistance to help governments establish the necessary
legal framework to carry out asset forfeitures; and
(D) work with the Government of Sudan to ensure
that a credible mechanism is established to ensure that
any recovered assets are managed in a transparent and
accountable fashion and ultimately used for the benefit
of the Sudanese people, provided that--
(i) returned assets are not used for
partisan political purposes; and
(ii) there are robust financial management
and oversight measures to safeguard repatriated
assets.
SEC. 11. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND
INTELLIGENCE SERVICES.
(a) In General.--The President may not provide assistance (other
than assistance authorized under section 6) to the Sudanese security
and intelligence services until the President submits to Congress a
certification that the Government of Sudan has met the conditions
described in subsection (c).
(b) Exception; Waiver.--
(1) Exception.--The Secretary of State may, as appropriate
and notwithstanding any other provision of law, provide
assistance for the purpose of professionalizing the Sudanese
security and intelligence services, through institutions such
as the Africa Center for Strategic Studies and the United
States Institute of Peace.
(2) Waiver.--The President may waive the limitation on the
provision of assistance under subsection (a) if, not later than
30 days before the assistance is to be provided, the President
submits to the appropriate congressional committees--
(A) a list of the activities and participants to
which such waiver would apply;
(B) a justification that the waiver is in the
national security interest of the United States; and
(C) a certification that the participants have met
the requirements of either section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d) for programs
funded through Department of State appropriations or
section 362 of title 10, United States Code, for
programs funded through Department of Defense
appropriations.
(c) Conditions.--
(1) In general.--The conditions described in this
subsection are that the Sudanese security and intelligence
services--
(A) have demonstrated progress in undertaking
security sector reform, including reforms that
professionalize such security and intelligence
services, improve transparency, and reforms to the laws
governing the security forces, such as of the National
Security Act of 2010 and the Sudan Armed Forces Act of
2007;
(B) support efforts to respect human rights,
including religious freedom, and hold accountable any
members of such security and intelligence services
responsible for human rights violations and abuses,
including by taking demonstrable steps to cooperate
with local or international mechanisms of
accountability, to ensure that those responsible for
war crimes, crimes against humanity, and genocide
committed in Sudan are brought to justice;
(C) are under civilian oversight, subject to the
rule of law, and are not undertaking actions to
undermine a civilian-led transitional government or an
elected civilian government;
(D) have refrained from targeted attacks against
religious or ethnic minority groups, have negotiated in
good faith during the peace process and constructively
participated in the implementation of any resulting
peace agreements, and do not impede inclusive political
participation;
(E) allow unfettered humanitarian access by United
Nations organizations and specialized agencies and
domestic and international humanitarian organizations
to civilian populations in conflict-affected areas;
(F) cooperate with the United Nations High
Commissioner for Refugees and organizations affiliated
with the United Nations to allow for the protection of
displaced persons and the safe, voluntary, sustainable,
and dignified return of refugees and internally
displaced persons; and
(G) take constructive steps to investigate all
reports of unlawful recruitment of children by Sudanese
security forces and prosecute those found to be
responsible.
(2) Form.--The certification described in subsection (a)
containing the conditions described in paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(d) Sunset.--This section shall terminate on the date that is the
earlier of--
(1) the date that is two years after the date of the
enactment of this Act; or
(2) the date on which the President determines that a
successful rotation of military to civilian leadership in the
Sovereignty Council has occurred.
SEC. 12. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER
INDIVIDUALS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any senior official of the Government
of Sudan and any other foreign person that the President determines, on
or after the date of enactment of this Act--
(1) is knowingly responsible for, complicit in, or has
directly or indirectly engaged in--
(A) significant actions or policies that threaten
the peace, security, or stability of Sudan, including
through the use of armed groups;
(B) significant actions or policies that obstruct,
undermine, delay, or impede, or pose a significant risk
of obstructing, undermining, delaying, or impeding, the
civil and political rights of the Sudanese people and
the political transition in Sudan;
(C) corruption, including the misappropriation of
state assets, the expropriation of private assets for
personal gain, corruption related to government
contracts or the extraction of natural resources, or
bribery;
(D) serious human rights abuses that may include
the targeting of civilians through the commission of
acts of violence, abduction, forced displacement, or
attacks on schools, hospitals, religious sites, or
locations where civilians are seeking refuge, or a
violation of international humanitarian law; or
(E) illicit exploitation of natural resources in
Sudan;
(2) is a leader of an entity that has, or whose members
have, engaged in any activity described in subparagraphs (A)
through (E) of paragraph (1);
(3) has materially assisted, sponsored, or provided
financial, material, logistical, or technological support for,
or goods or services to or in support of--
(A) any activity described in paragraph (1); or
(B) any person whose property and interests in
property are blocked pursuant to Executive Order 13400
(2006); or
(4) is owned or controlled by, or has acted or purported to
act for or on behalf of, any other person whose property and
interests in property are blocked pursuant to--
(A) subsection (b)(1); or
(B) Executive Order 13400 (2006).
(b) Sanctions Described.--The sanctions to be imposed with respect
to any foreign person described in subsection (a) are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person if
such property and interests in property--
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of a
United States person.
(2) Inadmissibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--The foreign
person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--The visa or other entry
documentation of the foreign person shall be revoked,
regardless of when such visa or other entry
documentation is or was issued. A revocation under this
subparagraph shall take effect immediately and
automatically cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(c) Exceptions To Comply With United Nations Headquarters
Agreement.--Sanctions under subsection (b)(2) shall not apply with
respect to a foreign person described in subsection (a) if admitting or
paroling the foreign person into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section and shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
(2) Penalties.--Any person 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 paragraph (1) shall be subject to the penalties set forth
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 that section.
(e) Waiver.--The President may waive the application of sanctions
imposed with respect to a foreign person pursuant to subsection (a) if
the President--
(1) determines that a waiver is in the national interest of
the United States; and
(2) not later than the date on which such waiver will take
effect, submits a notice of and justification for such waiver
to the appropriate congressional committees.
(f) Termination of Authority To Impose Sanctions.--The authority to
impose sanctions under this section shall terminate on the date that is
the earlier of 3 years after the date of the enactment of this Act or
the date on which the President determines and certifies to the
appropriate congressional committees that the Government of Sudan--
(1) has held free, fair, and credible general elections in
accordance with the 2019 constitutional charter for the
transitional period and a democratically elected head of state
has been sworn in and taken office;
(2) is making significant progress towards respecting the
freedoms of religion, speech, press, assembly, and association
as described in the 2019 constitutional charter for the
transitional period and toward holding free, fair, and credible
elections by the end of the transitional period;
(3) is compliant with international norms and standards
concerning the transparent allocation and disbursement of
government directed funds;
(4) respects the right to freedom of religion, speech,
press, assembly, and association for all Sudanese citizens;
(5) has ceased attacks on civilians, including through the
use of militias;
(6) has negotiated in good faith to reach formal peace
agreements with armed movements that had been in conflict with
the Government of Sudan; and
(7) has ceased any material support or assistance to groups
associated or linked to international terrorism.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Exceptions To Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(i) Definitions.--In this section:
(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. 1001).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully
admitted for permanent residence to the United States,
or any other individual subject to the jurisdiction of
the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such entity; or
(C) any person in the United States.
SEC. 13. REPORTS.
(a) Report on Accountability for Human Rights Abuses.--Not later
than 180 days after the date of the enactment of this Act, and annually
thereafter for two years, the President shall submit to the appropriate
congressional committees a report that--
(1) summarizes reports of gross violations of human rights,
including sexual and gender-based violence, committed against
civilians in Sudan, including members of the Sudanese security
and intelligence services or any associated militias, between
December 2018 and the date of the submission of the report;
(2) provides an update on any potential transitional
justice mechanisms in Sudan to investigate, charge, and
prosecute alleged perpetrators of gross violations of human
rights in Sudan since June 30, 1989, including with respect to
the June 3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross violations of
human rights summarized pursuant to paragraph (1) amount to war
crimes, crimes against humanity, or genocide; and
(4) identifies specific cases since the beginning of the
transitional period in which members of the Sudanese security
and intelligence services have been charged and prosecuted for
actions that constitute gross violations of human rights
perpetrated since June 30, 1989.
(b) Report on Certain Activities and Finances of Senior Officials
of the Government of Sudan.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for one year, the
President shall submit to the appropriate congressional committees a
report that--
(1) describes the actions and involvement of any previous
or current senior officials of the Government of Sudan since
the establishment of the transitional government in August 2019
in--
(A) directing, carrying out, or overseeing gross
violations of human rights;
(B) directing, carrying out, or overseeing the
unlawful use or recruitment of children by armed groups
or armed forces in the context of conflicts in Sudan,
Libya, Yemen, or other countries;
(C) directing, carrying out, or colluding in
significant acts of corruption;
(D) directing, carrying out, or overseeing any
efforts to circumvent the establishment of civilian
control over the finances and assets of the Sudanese
security and intelligence services; or
(E) facilitating, supporting, or financing
terrorist activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial institutions,
including offshore financial institutions, in which senior
officials of the Government of Sudan whose actions are
described in paragraph (1) hold significant assets, and
provides an estimate of the value of such assets;
(3) identifies any information United States Government
agencies have obtained since August 2019 regarding persons,
foreign governments, and Sudanese or foreign financial
institutions that knowingly facilitate, finance, or otherwise
benefit from corruption or illicit economic activity in Sudan,
including the export of mineral resources, and, in particular,
if that trade is violating any United States restrictions that
remain in place by legislation or executive order;
(4) identifies any information United States Government
agencies have obtained since August 2019 regarding senior
officials of the Government of Sudan who are personally
involved in the illicit trade in mineral resources, including
petroleum and gold; and
(5) identifies any information United States Government
agencies have obtained since August 2019 regarding individuals
or foreign governments that have provided funds to individual
members of the Sovereignty Council or the Cabinet outside of
the Central Bank of Sudan or the Ministry of Finance.
(c) Report on Sanctions Pursuant to Executive Order 13400.--Not
later than 180 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
report containing the names of senior Sudanese government officials
that the President determines meet the criteria to be sanctionable
pursuant to Executive Order 13400 (71 Fed. Reg. 25483; relating to
blocking property of persons in connection with the conflict in Sudan's
Darfur region).
(d) Form.--The reports required under subsections (b) and (c) shall
be submitted in unclassified form but may include a classified annex.
SEC. 14. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED
GOVERNMENT IN SUDAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and the Secretary of the Treasury, shall submit to the appropriate
congressional committees a strategy that includes--
(1) a clear articulation of specific United States goals
and objectives with respect to a successful completion of the
transitional period and a plan to achieve such goals and
objectives;
(2) a description of assistance and diplomatic engagement
to support a civilian-led government in Sudan for the remainder
of the transitional period, including any possible support for
the organization of free, fair, and credible elections;
(3) an assessment of the legal and policy reforms that have
been and need to be taken by the government in Sudan during the
transitional period in order to promote--
(A) human rights;
(B) freedom of religion, speech, press, assembly,
and association; and
(C) accountability for human rights abuses,
including for sexual and gender-based violence
perpetrated by members of the Sudanese security and
intelligence services;
(4) a description of efforts to address the legal and
policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development
assistance to Sudan and a plan for coordinating such assistance
with international donors, regional partners, and local
partners;
(6) a description of monitoring and evaluation plans for
all forms of assistance to be provided under the strategy in
accordance with the monitoring and evaluation requirements of
section 4 of the Foreign Aid Transparency and Accountability
Act of 2016 (Public Law 114-191), to include a detailed
description of all associated goals and benchmarks for
measuring impact; and
(7) an assessment of security sector reforms undertaken by
the Government of Sudan, including efforts to demobilize or
integrate militias and to foster civilian control of the armed
services.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and the Secretary of the Treasury, shall submit to the appropriate
congressional committees a report that includes--
(1) a detailed description of the efforts taken to
implement this Act; and
(2) recommendations for legislative or administrative
measures to facilitate the implementation of this Act.
SEC. 15. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006.
Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking
``Southern Sudan,'' and all that following through ``Khartoum,'' and
inserting ``Sudan''.
SEC. 16. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN SUDAN
ACT.
(a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace
Act (Public Law 107-245; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020,
the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50
U.S.C. note) is repealed.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, 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 the Judiciary, and Financial Services, 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 the Judiciary, and Financial Services, 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.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
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