113 HR 1692 IH: Sudan Peace, Security, and Accountability Act of 2013 U.S. House of Representatives 2013-04-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1692 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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.