1.This Act may be cited as the Comprehensive Peace in Sudan Act
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2.In this Act:
(1)Appropriate congressional committeesThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2)The term JEM means the Justice and Equality Movement.
(3)The term SPLM means the Sudan People’s Liberation Movement.
(4)The term SLA means the Sudan Liberation Army.
(5)The term Government of Sudan means the National Islamic Front government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan).
3.Congress makes the following findings:
(1)Since seizing power through a military coup in 1989, the Government of Sudan has repeatedly attacked and dislocated civilian populations in southern Sudan in a coordinated policy of ethnic cleansing that cost the lives of over 2,000,000 people and displaced more than 4,000,000 people.
(2)The Governments of the United States, the United Kingdom, and Norway have each committed significant resources to promote an internationally supported peace process between the Government of Sudan and the Sudan People’s Liberation Movement (SPLM), under the auspices of the Inter-Governmental Authority on Development.
(3)Following the signing of the Machakos Agreement in July 2002, the Government of Sudan and the SPLM reached a number of important agreements on issues such as self-determination, security arrangements, and wealth and power sharing, culminating in the final framework agreement, the Nairobi Declaration on the Final Phase of Peace in the Sudan, signed on June 6, 2004.
(4)Despite efforts to negotiate a settlement between the Government of Sudan and the SPLM, a conflict between forces of the Government of Sudan, including militia forces backed by the Government, and rebel forces (the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM)) in the impoverished Darfur region of western Sudan, began in early 2003 and has resulted in attacks by ground and air forces of the Government of Sudan against innocent civilians and undefended villages in the region.
(5)The United Nations estimates that 2,200,000 people are conflict-affected in the Darfur region and neighboring Chad, 1,200,000 people have been internally displaced, 200,000 people have fled into Chad, and 50,000 people have been killed.
(6)The United States Agency for International Development projects that the violence and the obstruction of the delivery of food, shelter, and medical care to people of Darfur will result in the death of an estimated 320,000 people between April 1, 2004, and December 31, 2004.
(7)Sudanese Government forces and government supported militia forces have also engaged in the use of rape as a weapon of war, the abduction of children, the destruction of food and water sources, and the deliberate and systematic manipulation and denial of humanitarian assistance for the people of the Darfur region.
(8)The United Nations High Commissioner for Human Rights identified massive human rights violations in Darfur perpetrated by the Government of Sudan and the Janjaweed, which may constitute war crimes and/or crimes against humanity
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(9)The United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in a recent report to the United Nations Sub-Commission on Human Rights that [i]t is beyond doubt that the [G]overnment of Sudan is responsible for extrajudicial and summary executions of large numbers of people over the last several months in the Darfur region
, and that [t]he current humanitarian disaster unfolding in Darfur, for which the government is largely responsible, has put millions of civilians at risk
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(10)The Department of State, in a press briefing on June 24, 2004, stated, as of the time of the briefing: 301 villages in Darfur have been destroyed and 76 have been damaged. There have been crops burned, killed or stolen cattle, and destroyed irrigation systems.
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(11)Attacks on civilians in the Darfur region continue despite an April 8, 2004, temporary cease-fire agreement reached between the Government of Sudan and the JEM and SLA rebel groups in N’Djamena, Chad.
(12)On July 22, 2004, the United States House of Representatives and Senate both declared that the atrocities unfolding in Darfur, Sudan are genocide.
(13)On September 9, 2004, Secretary of State Colin L. Powell stated before the Senate Committee on Foreign Relations: When we reviewed the evidence compiled by our team, along with other information available to the State Department, we concluded that genocide has been committed in Darfur and that the Government of Sudan and the jinjaweid bear responsibility—and genocide may still be occurring.
(14)On July 30, 2004, the United Nations Security Council passed Resolution 1556, calling upon the Government of Sudan to disarm the Janjaweed militias, apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, as well as other atrocities in the Darfur region.
(15)The cooperation and mediation of the SPLM is critical to bringing about a political settlement between the Government of Sudan, the SLA, and the JEM.
(16)Practical implementation of a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act (50 12 U.S.C. 1701 note), and in the Machakos Protocol of 2002, is hampered by the ongoing violence in the Darfur region and by the Government of Sudan’s complicity in the violence.
(17)The final framework peace agreement between the Government of Sudan and the SPLM is at great risk of collapse. Since the signing of the Nairobi Declaration on the Final Phase of Peace in the Sudan, the Government of Sudan has frustrated the process of the Inter-Governmental Authority on Development by pursuing delay tactics and raising new issues in the negotiations.
(18)Moreover, the Government of Sudan’s complicity in the atrocities in the Darfur region raises fundamental questions about the Government of Sudan’s commitment to peace and stability in Sudan.
4.Sense of Congress regarding genocide and the conflict in Darfur, Sudan
(a)It is the sense of Congress that the Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and should be extended to include the Darfur region of Sudan.
(b)Actions to address genocide and the conflict in darfurIt is the sense of Congress that—
(1)the atrocities unfolding in the Darfur region of Sudan are genocide;
(2)the Government of Sudan has violated the Convention on the Prevention and Punishment of the Crime of Genocide, signed at Paris on December 9, 1948, to which it is a contracting party, as a result of its complicity in the violence in the Darfur region;
(3)a legitimate countrywide peace in Sudan will only be possible if the principles enumerated in the 1948 Universal Declaration of Human Rights, the Machakos Protocol of 2002, and the Nairobi Declaration on the Final Phase of Peace in the Sudan are applied to all of Sudan, including the Darfur region;
(4)the parties to the Humanitarian Ceasefire on the Conflict in Darfur (the Government of Sudan, the SLA, and the JEM), signed in N'Djamena, Chad, on April 8, 2004, must meet their obligations under that agreement, including—
(A)to give up the use of force as a means of settling the conflict in the Darfur region;
(B)to allow safe and immediate access of all humanitarian assistance throughout the Darfur region;
(C)to allow the deployment of and cooperate with international monitors and security forces; and
(D)to expedite the conclusion of a political agreement to end the conflict in the Darfur region;
(5)the President should impose targeted sanctions on the assets and activities of those Sudanese Government officials and other individuals who are determined to be involved in carrying out or otherwise involved in the policy of genocide in the Darfur region, as well as on the assets and activities of businesses controlled by the Government of Sudan and the National Congress Party;
(6)the United States Government should not normalize relations with Sudan, including through the lifting of any sanctions, until the Government of Sudan agrees to and implements a comprehensive peace agreement for all areas of Sudan, including the Darfur region;
(7)the United States and the international community should use all necessary means to assist international monitors and security forces in the Darfur region, particularly the African Union monitoring team, in order to ensure an appropriate international humanitarian response to, and the protection of human life and human rights in, the Darfur region;
(8)the United States should continue to provide humanitarian assistance to the areas of Sudan to which the United States has access;
(9)the member states of the United Nations, particularly the member states from the African Union, the Arab League, and the Organization of the Islamic Conference, should undertake measures to prevent the genocide in the Darfur region from escalating further, including the imposition of targeted sanctions against those responsible for the atrocities;
(10)in the areas of Sudan to which humanitarian access by the United States is obstructed or denied, the United States should provide humanitarian assistance through nongovernmental organizations, regardless of opposition to such assistance by the Government of Sudan; and
(11)the international community, including African, Arab, and Muslim nations, should immediately provide logistical, financial, in-kind, and personnel resources necessary to save the lives of hundreds of thousands of individuals in the Darfur crisis;
5.Disclosure of business activities in Sudan
(a)Annual report to CongressThe Secretary of the Treasury shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 1-year period thereafter, submit to the Congress a report that includes—
(1)the identity of all entities that are engaged in commercial activity in Sudan;
(2)the nature and extent of that commercial activity in Sudan, including any plans for expansion or diversification;
(3)the identity of all agencies of the Sudanese Government with which any such entity is doing business; and
(4)the relationship of the commercial activity to any violations of religious freedom and other human rights in Sudan.
(b)The Secretary of the Treasury shall publish or otherwise make available to the public each report submitted under subsection (a).
6.Prohibition on trading in United States capital markets
(a)The President shall exercise the authorities he has under the International Emergency Economic Powers Act (without regard to the requirements set forth in section 202 of that Act) to prohibit any entity engaged in any commercial activity in Sudan—
(1)from raising capital in the United States; or
(2)from trading its securities (or depository receipts with respect to its securities) in any capital market in the United States.
(b)The penalties under section 206 of the International Emergency Economic Powers Act shall apply to violations under subsection (a) to the same extent as such penalties apply to violations under that Act.
7.Sanctions in support of peace in Darfur
(a)
(1)Beginning on the date of the enactment of this Act, the President shall, notwithstanding paragraph (1) of section 6(b) of the Sudan Peace Act (50 U.S.C. 1701 note), implement the measures set forth in subparagraphs (A) through (D) of paragraph (2) of such section.
(2)Homeland security act of 2002Beginning on the date of the enactment of this Act, the Secretary of State shall, notwithstanding section 428(b) of the Homeland Security Act of 2002 (6 U.S.C. 236(b)), prohibit the granting of a visa to—
(A)a senior member of the Government of Sudan;
(B)a senior official of the military of Sudan; or
(C)a family member of an individual described in subparagraph (A) or (B).
(b)The President may suspend the application of paragraph (1) or (2) of subsection (a), or both, if the President determines and certifies to the appropriate congressional committees that the Government of Sudan has—
(1)taken demonstrable steps to ensure that the armed forces and the militias, known as the Janjaweed, are not attacking civilians;
(2)taken significant demonstrable and verifiable steps to demobilize and disarm the Janjaweed in the Darfur region;
(3)ceased harassment of aid workers, including those who report human rights abuses, and allowed unfettered humanitarian access to the Darfur region;
(4)fully cooperated with the deployment and operation of international monitors and security forces, particularly the African Union monitoring team, for the Darfur region;
(5)is taking demonstrable steps to ensure the safe return of displaced persons and refugees to their homes, and rebuilding the communities destroyed in the violence;
(6)implemented the Nairobi Declaration on the Final Phase of Peace in the Sudan; and
(7)installed a new coalition government based on the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan and is otherwise accommodating the new coalition government formed as a result of the agreement.
(c)Reinstatement of SanctionsThe President shall reinstate the sanctions listed in paragraph (1) or (2) of subsection (a), or both, that have been suspended under subsection (b) (as the case may be) if at any time the President determines that the Government of Sudan is no longer in compliance with any of the criteria listed in paragraphs (1) through (8) of such subsection.
(d)The President may waive the application of paragraph (1) or (2) of subsection (a), or both, if the President determines and certifies to the appropriate congressional committees that exceptional circumstances in support of peace in Sudan necessitate such a waiver.
8. The Secretary of State should direct the United States Permanent Representative to the United Nations to—
(1)press the United Nations Security Council to pursue accountability for those who are found responsible for orchestrating and carrying out the atrocities in the Darfur region, which shall include advocating for an ad hoc international criminal tribunal for the prosecution of war crimes, crimes against humanity, and genocide;
(2)encourage member states of the United Nations to—
(A)freeze the assets of senior members of the Government of Sudan and their families held in each such member state;
(B)cease to import Sudanese oil;
(C)restrict the entry or transit of senior members of the Government of Sudan and their families through each such member; and
(D)deny permission for any aircraft registered in Sudan to take off from, land in, or overfly each such member state; and
(3)urge member states of the United Nations to cease selling arms to the Government of Sudan, including by—
(A)taking the necessary measures to prevent the sale or supply, to the Government of Sudan and its mercenaries, including the Janjaweed and the Popular Defense Forces, operating in the states of North Darfur, South Darfur and West Darfur, by the nationals of such member states, from the territories of such member states, or through the use of flag vessels or aircraft of such member states, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the Government of Sudan and its mercenaries, as well as technical training or assistance related to the provision, manufacture, maintenance or use of such items, whether or not originating in the territories of such member states; and
(B)ensuring that the measures imposed in subparagraph (A) shall not apply to—
(i)supplies and related technical training and assistance to monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties;
(ii)supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical training and assistance; and
(iii)supplies of protective clothing, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel.
9.Amendments to the Sudan Peace Act
(a)Assistance for the crisis in Darfur and for comprehensive peace in Sudan
(1)The Sudan Peace Act (50 U.S.C. 1701 note) is amended by adding at the end the following new section:
12.Assistance for the crisis in Darfur and for comprehensive peace in Sudan
(a)Assistance to support a comprehensive final peace agreement in Sudan and to respond to the humanitarian crisis in Darfur
(1)Subject to the requirements of this section, the President is authorized to provide assistance for Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad.
(2)Requirement for certificationNotwithstanding section 501(a) of the Assistance for International Malaria Control Act (Public Law 106–570; 50 U.S.C. 1701 note), assistance authorized under this section may be provided to the Government of Sudan only if the President submits the certification described in paragraph (3).
(3)Certification for the Government of SudanThe certification referred to in paragraph (2) is a certification submitted by the President to the appropriate congressional committees that the Government of Sudan has taken demonstrable steps to—
(A)ensure that the armed forces of Sudan and any associated militias are not committing atrocities or obstructing human rights monitors or the provision of humanitarian assistance or human rights monitors;
(B)demobilize and disarm militias supported or created by the Government of Sudan;
(C)allow full and unfettered humanitarian assistance to all regions of Sudan, including Darfur;
(D)allow an international commission of inquiry to conduct its investigation of atrocities in the Darfur region and Khartoum, preserve evidence of atrocities and prosecute those responsible for war crimes, crimes against humanity, and genocide;
(E)cooperate fully with the African Union and all other observer and monitoring missions mandated to operate in Sudan;
(F)implement the Nairobi Declaration on the Final Phase of Peace in the Sudan;
(G)install a new coalition government based on the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan; and
(H)ensure that the parties to the agreements reached in the Nairobi Declaration on the Final Phase of Peace in the Sudan accept the new coalition government formed as a result of the agreement.
(4)If, on a date after the President submits the certification described in paragraph (3), the President determines that the Government of Sudan has ceased taking the actions described in such paragraph, the President shall immediately suspend the provision of any assistance to such Government until the date on which the President certifies that the Government of Sudan has resumed taking such actions.
(5)Authorization of appropriations
(A)There is authorized to be appropriated to the President to provide the assistance described in paragraph (1), $450,000,000 for fiscal year 2005, in addition to any other funds otherwise available for such purpose. Of such amount, $150,000,000 may be made available both for humanitarian assistance in the Darfur region of Sudan and eastern Chad in response to the ongoing crisis, notwithstanding any provision of law other than the provisions of this section.
(B)Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.
(b)Government of Sudan DefinedIn this section, the term Government of Sudan
means the National Islamic Front government in Khartoum, Sudan, or any successor government formed on or after the date of the enactment of this Act (other than the coalition government agreed upon in the Nairobi Declaration on the Final Phase of Peace in the Sudan)..
(2)Section 3(2) of such Act is amended by striking The
and inserting Except as provided in section 12, the
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(b)Section 8 of the Sudan Peace Act (50 U.S.C. 1701 note) is amended in the first sentence by striking Sudan.
and inserting Sudan, including the conflict in the Darfur region.
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10.Report on United States response to a comprehensive peace agreement for Sudan
(a)Not later than 60 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report on the planned United States response to a comprehensive peace agreement for Sudan.
(b)The report required by subsection (a) shall include—
(1)a description of the planned United States response to a modified peace process between the Government of Sudan and the SPLM that would account for the implementation of a peace in all regions of Sudan, in particular Darfur;
(2)a contingency plan for extraordinary humanitarian assistance should the Government of Sudan continue to obstruct or delay the international humanitarian response to the crisis in Darfur, Sudan;
(3)a notification and explanation of the President's intent, or lack thereof, to impose targeted sanctions on the assets and activities of those Sudanese government officials and other individuals that are involved in carrying out the policy of genocide in the Darfur region, as well as on the assets and activities of businesses controlled by the Government of Sudan and the National Congress Party; and
(4)a notification and explanation of the Government of the United States' intent, or lack thereof, to normalize relations with Sudan, including through the lifting of any sanctions, until the Government of Sudan agrees to and implements a comprehensive peace agreement for all areas of Sudan, including Darfur.
(c)The report required by subsection (a) may be submitted in classified form.
11.Additional authorities; exception to export prohibitions
(a)Notwithstanding any other provision of law, the President is authorized to undertake appropriate programs using Federal agencies, grants or contractual arrangements, or direct support of indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in an effort to provide emergency relief, promote economic self-sufficiency, build civil authority, provide education, enhance rule of law and the development of judicial and legal frameworks, support people-to-people reconciliation efforts, or implement any program in support of any viable peace agreement at the local, regional, or national level in Sudan.
(b)Exception to Export ProhibitionsNotwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed. Reg. 59989) shall not apply to any export from an area in Sudan outside of control of the Government of Sudan, or to any necessary transaction directly related to that export, if the President determines that the export or related transaction, as the case may be, would directly benefit the economic development of that area and its people.