U.S. Congress - Text of H.R.4169 as Introduced in House Sudan Peace, Security, and Accountability Act of 2012
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Donate NowH.R.4169 - Sudan Peace, Security, and Accountability Act of 2012
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.
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HR 4169 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 4169CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
March 8, 2012CommentsClose CommentsPermalink
March 8, 2012CommentsClose CommentsPermalink
Mr. MCGOVERN (for himself, Mr. WOLF, Mr. CAPUANO, Ms. LEE of California, Mr. MILLER of North Carolina, Mr. OLVER, and Ms. JACKSON LEE of Texas) 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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- The Act may be cited as the ‘Sudan Peace, Security, and Accountability Act of 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
Sec. 3. Findings.CommentsClose CommentsPermalink
Sec. 4. Statement of policy.CommentsClose CommentsPermalink
Sec. 5. Requirement of a comprehensive strategy to end serious human rights violations and to create peace throughout Sudan.CommentsClose CommentsPermalink
Sec. 6. Sanctionable acts.CommentsClose CommentsPermalink
Sec. 7. Description of sanctions.CommentsClose CommentsPermalink
Sec. 8. Ineligibility for visas and admission to the United States.CommentsClose CommentsPermalink
Sec. 9. Prohibition on all transactions in property, goods, and technology.CommentsClose CommentsPermalink
Sec. 10. Expanding sanctions and other authorities in support of peace in Sudan.CommentsClose CommentsPermalink
Sec. 11. Report.CommentsClose CommentsPermalink
Sec. 12. Termination of sanctions.CommentsClose CommentsPermalink
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 (
(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) FINANCIAL INSTITUTION- The term ‘financial institution’ has the meaning given that term under
(4) GOVERNMENT OF SUDAN- The term ‘Government of Sudan’ means--CommentsClose CommentsPermalink
(A) the government in Khartoum, Sudan, which is led by the National Congress Party; orCommentsClose CommentsPermalink
(B) any successor government formed on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(5) MILITARY EQUIPMENT- The term ‘military equipment’ means--CommentsClose CommentsPermalink
(A) weapons, arms, supplies, or parts that readily may be used for military purposes, including radar systems, aerial weapons, or military-grade transport vehicles; orCommentsClose CommentsPermalink
(B) supplies or services sold or provided directly or indirectly to any person or government participating, supporting, or assisting in armed conflict in Sudan.CommentsClose CommentsPermalink
(6) PERSON- The term ‘person’ has the meaning given such term in section 2(9) of the Sudan Accountability and Divestment Act of 2007 (
(7) SUPPORT- The term ‘support’ or ‘supported’ means--CommentsClose CommentsPermalink
(A) any type of material, financial, or logistical assistance; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(8) SERIOUS VIOLATIONS OF HUMAN RIGHTS- The term ‘serious violations of human rights’ includes the following:CommentsClose CommentsPermalink
(A) Genocide, as described in
(B) Torture, as such term is defined in
(C) War crimes, as such term is defined in subsections (c) and (d) of
(D) Consistent patterns of gross violations of internationally recognized human rights as described in section 502b(a) of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(E) Persecution, as interpreted by judicial and administrative case law in the application of section 101(a)(42) of the Immigration and Nationality Act (
(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).CommentsClose CommentsPermalink
SEC. 3. FINDINGS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) On October 21, 2002, the ‘Sudan Peace Act’ was enacted into law as
(2) On July 22, 2004--CommentsClose CommentsPermalink
(A) the House of Representatives adopted House Concurrent Resolution 467 by a vote of 422-0, concluding that crimes in Darfur constituted genocide; andCommentsClose CommentsPermalink
(B) the Senate adopted Senate Concurrent Resolution 1330 by unanimous consent and declared, ‘[T]he atrocities unfolding in Darfur, Sudan, are genocide.’.CommentsClose CommentsPermalink
(3) 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’.CommentsClose CommentsPermalink
(4) On December 23, 2004, the ‘Comprehensive Peace in Sudan Act of 2004’ was enacted into law as
(5) On October 13, 2006, the ‘Darfur Peace and Accountability Act of 2006’ was enacted into law as
(6) On April 27, 2007, the International Criminal Court (ICC) issued arrest warrants for--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) Janjaweed Commander Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’) on 22 counts of crimes against humanity and 28 counts of war crimes.CommentsClose CommentsPermalink
(7) On December 31, 2007, the ‘Sudan Accountability and Divestment Act of 2007’ was enacted into law as
(8) In May 2008, the Government of Sudan invaded Abyei and has since forcibly removed the Ngok Dinka population, despite signing the Abyei Roadmap Agreement that called for arbitration to resolve the boundary dispute.CommentsClose CommentsPermalink
(9) 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.CommentsClose CommentsPermalink
(10) 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.CommentsClose CommentsPermalink
(11) 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.CommentsClose CommentsPermalink
(12) 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’.CommentsClose CommentsPermalink
(13) 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.CommentsClose CommentsPermalink
(14) 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.CommentsClose CommentsPermalink
(15) 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. The Famine Early Warning Systems Network warns that conditions in these two states are anticipated to reach emergency levels by March 2012. This is one level short of famine.CommentsClose CommentsPermalink
(16) 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.CommentsClose CommentsPermalink
(17) 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.CommentsClose CommentsPermalink
(18) 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.CommentsClose CommentsPermalink
(19) 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.CommentsClose CommentsPermalink
(20) During 2011, the United Nations documented that over half a million people had been displaced as a result of violence in Darfur, South Kordofan, Blue Nile, and Abyei.CommentsClose CommentsPermalink
(21) 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.CommentsClose CommentsPermalink
SEC. 4. STATEMENT OF POLICY.
(a) Statement of Policy- It shall be the policy of the United States to take urgent action to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) 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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(D) urging the United Nations Security Council to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(iii) authorize a peacekeeping force to any area of Sudan not currently served by such a force and for which there is credible evidence of serious human rights violations;CommentsClose CommentsPermalink
(3) promote free and transparent democratic reform in Sudan, including exploring methods through which the United States can provide technical support and funding to promote democratic institutions, nongovernmental organizations, civil society, and representative political participation in Sudan;CommentsClose CommentsPermalink
(4) hold persons and governments accountable for committing or assisting in the commission of in 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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 througout Sudan, including in Darfur, South Kordofan, Blue Nile, or Abyei;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(D) urging the United Nations Security Council to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(ii) expand the ICC’s mandate beyond only Darfur to cover all of Sudan, including South Kordofan, Blue Nile, and Abyei; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(E) encouraging countries to cooperate in executing ICC arrest warrants related to allegations of genocide, war crimes, and crimes against humanity in Sudan; andCommentsClose CommentsPermalink
(F) 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;CommentsClose CommentsPermalink
(5) ensure the resolution of all outstanding issues between the Governments of Sudan and South Sudan, including--CommentsClose CommentsPermalink
(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, including the final status of Abyei, the disputed border areas, transitional financial arrangements, and outstanding oil-related issues in order to address points of conflict and ensure a peaceful relationship between the two countries; andCommentsClose CommentsPermalink
(B) insisting that the Governments of Sudan and South Sudan respect the political independence and territorial integrity of neighboring countries; andCommentsClose CommentsPermalink
(6) 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.CommentsClose CommentsPermalink
SEC. 5. REQUIREMENT OF A COMPREHENSIVE STRATEGY TO END SERIOUS HUMAN RIGHTS VIOLATIONS AND TO 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.CommentsClose CommentsPermalink
(b) Contents of Strategy- The strategy required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) The development of an interagency framework to plan, coordinate, and review the diplomatic, economic, intelligence, and military actions and capabilities of United States policy regarding Sudan. The agencies involved shall include the following:CommentsClose CommentsPermalink
(A) The Department of State and the United States Agency for International Development (USAID), including the Special Envoy for 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.CommentsClose CommentsPermalink
(B) The Department of Treasury, including the Office of Foreign Assets Control (OFAC).CommentsClose CommentsPermalink
(C) The Department of Homeland Security.CommentsClose CommentsPermalink
(D) The Department of Commerce, including the Bureau of Industry and Security (BIS).CommentsClose CommentsPermalink
(E) The Department of Defense.CommentsClose CommentsPermalink
(F) The National Security Council.CommentsClose CommentsPermalink
(G) The Office of the Director of National Intelligence and the Central Intelligence Agency.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) A list of governments and persons identified in paragraph 3 that may be committing sanctionable acts (as defined in section 6).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Form- The strategy shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) had the jurisdictional authority to execute the warrant;CommentsClose CommentsPermalink
(2) had the opportunity to execute the warrant; andCommentsClose CommentsPermalink
(3) failed to do so without reasonable justification.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the shipment or payment for oil from South Sudan; orCommentsClose CommentsPermalink
(2) the advancement of peace between Sudan and South Sudan.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 7. DESCRIPTION OF SANCTIONS.
(a) Sanctions- The sanctions referred to in section 6 are the following:CommentsClose CommentsPermalink
(1) The withdrawal, limitation, or suspension of United States development assistance under part I of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) The withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the Export Administration Act of 1979 (as continued in effect by the International Emergency Economic Powers Act);CommentsClose CommentsPermalink
(B) the Arms Export Control Act;CommentsClose CommentsPermalink
(C) the Atomic Energy Act of 1954; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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 (
(c) Inadmissibility and Removability-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The spouse of the alien identified by the President under section 6.CommentsClose CommentsPermalink
(2) The natural, adopted, or step- son or daughter of the alien so identified.CommentsClose CommentsPermalink
(3) The natural or legal parents, step-parents, or guardians of the alien so identified.CommentsClose CommentsPermalink
(4) The natural or legal grandparents or step-grandparents of the alien so identified.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) is designated by the President under section 6; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Enforcement-CommentsClose CommentsPermalink
(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 (
(2) REQUIREMENTS FOR FINANCIAL INSTITUTIONS-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(ii) to submit to the Secretary--CommentsClose CommentsPermalink
(I) a report containing the results of the audit; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Regulatory Authority- The Secretary of the Treasury shall issue such regulations, licenses, or orders as are necessary to carry out this section.CommentsClose CommentsPermalink
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 (
(1) by striking ‘Darfur Peace and Accountability Act of 2006’ each place it appears and inserting ‘Sudan Peace, Security, and Accountability Act of 2012’; andCommentsClose CommentsPermalink
(2) by striking ‘in Darfur’ each place it appears and inserting ‘in Sudan’.CommentsClose CommentsPermalink
(b) Sanctions Against Janjaweed Commanders and Coordinators or Other Individuals- Section 5(c) of the Darfur Peace and Accountability Act of 2006 (
(1) by inserting ‘and as amended by section 10(a) of the Sudan Peace, Security, and Accountability Act of 2012’ after ‘as added by subsection (a)’; andCommentsClose CommentsPermalink
(2) by striking ‘in Darfur’ and inserting ‘in Sudan’.CommentsClose CommentsPermalink
(c) Additional Authorities To Deter and Suppress Genocide in Sudan-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 6 of the Darfur Peace and Accountability Act of 2006 (
(A) in the section heading, by striking ‘genocide in darfur’ and inserting ‘human rights violations in sudan’;CommentsClose CommentsPermalink
(B) by striking subsections (a) through (d); andCommentsClose CommentsPermalink
(C) by redesignating subsections (e) and (f) as subsections (a) and (b), respectively.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of contents for such Act is amended by striking the item relating to section 6 and inserting the following:CommentsClose CommentsPermalink
‘Sec. 6. Additional authorities to deter and suppress human rights violations in Sudan.’.CommentsClose CommentsPermalink
(d) Continuation of Restrictions- Section 7(a) of the Darfur Peace and Accountability Act of 2006 (
(e) Reporting Requirements- The Sudan Peace Act (
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.CommentsClose CommentsPermalink
(b) Contents- The report required under subsection (a) shall include--CommentsClose CommentsPermalink
(1) a description and evaluation of actions taken toward the implementation of the comprehensive strategy required under section 5;CommentsClose CommentsPermalink
(2) 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;CommentsClose CommentsPermalink
(3) 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;CommentsClose CommentsPermalink
(4) 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;CommentsClose CommentsPermalink
(5) 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; andCommentsClose CommentsPermalink
(6) 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.CommentsClose CommentsPermalink
(c) Form- The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) abided by all United Nations Security Council Resolutions related to peace and humanitarian issues in Sudan;CommentsClose CommentsPermalink
(2) permanently ceased all attacks on noncombatants throughout Sudan;CommentsClose CommentsPermalink
(3) demobilized and demilitarized any person controlled or supported by the Government of Sudan which has committed or assisted in serious human rights violations;CommentsClose CommentsPermalink
(4) cooperated with efforts to disarm, demobilize, and deny safe haven in Sudan to members of the Lord’s Resistance Army;CommentsClose CommentsPermalink
(5) granted free and unfettered access for delivery of humanitarian assistance;CommentsClose CommentsPermalink
(6) allowed for the safe and voluntary return of refugees and internally displaced persons;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(9) complied in substance and spirit with all peace agreements signed since 2006, 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; andCommentsClose CommentsPermalink
(10) negotiated in good faith for a resolution of all conflicts in Sudan.CommentsClose CommentsPermalink
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