1.This Act may be cited as the
Peace in Darfur Act of
2006
.
2.Congress makes the following
findings:
(1)On July 22, 2004,
the Senate agreed to Senate Concurrent Resolution 133, 108th Congress, and the
House of Representatives agreed to House Concurrent Resolution 467, 108th
Congress, both of which declared that the atrocities occurring in Darfur,
Sudan, are genocide.
(2)In February 2006,
a panel of experts authorized by the United Nations Security Council identified
17 individuals responsible for atrocities in the Darfur region of Sudan and,
subsequently, the United Nations Security Council authorized sanctions against
4 of those individuals.
(3)In 2006, the
African Union hosted in Abuja, Nigeria, the Inter-Sudanese Peace Talks on the
Conflict in Darfur, which resulted in the acceptance of the Darfur Peace
Agreement, an Agreement that provides for resolution of the conflict in
Darfur.
(4)On May 5, 2006,
the Sudanese Government of National Unity and the faction of the SLM led by
Minni Minawi signed the Darfur Peace Agreement, however, the Justice and Equity
Movement of Kahlil Ibrahim and the splinter group of the SLM led by Abdulwahid
Al Nour refused to sign that Agreement.
(5)The Darfur Peace
Agreement imposes an immediate cease-fire, reiterates the cease-fire
commitments made by the parties to conflict in Darfur in 2004, and requires the
Government of Sudan to neutralize and disarm the Janjaweed which operates in
the Darfur region of Sudan.
(6)Verifying that
the Janjaweed are neutralized and disarmed as stipulated in the Darfur Peace
Agreement will require intensive international engagement.
(7)The Darfur Peace
Agreement calls for a Joint Assessment Mission to be led by the World Bank and
the United Nations to determine the post-conflict recovery and development
needs of Darfur, and requires the Government of Sudan to ensure that rebels
from Chad in Darfur respect that Agreement, reinforcing provisions in the
Tripoli Agreement of February 8, 2006 between the Government of Sudan and the
Government of Chad.
(8)On May 15, 2006,
the African Union Peace and Security Council decided that concrete steps should
be taken to effect the transition from the African Union’s 7,000-person African
Mission in Sudan (hereinafter referred to as AMIS
) peacekeeping
force in the Darfur region to a follow-on United Nations peacekeeping
mission.
(9)On May 16, 2006,
the United Nations Security Council adopted Resolution 1679 that calls upon the
African Union to agree with the United Nations on requirements to
strengthen AMIS’s capacity to enforce the security arrangements of the Darfur
Peace Agreement, with a view to a follow-on United Nations operation in
Darfur
and calls for the deployment of a joint African Union and United
Nations technical assessment mission.
(10)On June 22,
2006, the African Union and United Nations technical assessment mission to
Sudan recommended that the United Nations Secretary-General consider expanding
the United Nations Mission in Sudan into Darfur and that such Mission should
assume all monitoring and verification responsibilities for security
arrangements carried out under the Darfur Peace Agreement.
(11)On June 27,
2006, the African Union Peace and Security Council reaffirmed its decision to
end the mandate of AMIS on September 30, 2006, and transition AMIS to a
follow-on United Nations peacekeeping mission.
(12)Senior officials
of the Government of Sudan continue to publicly oppose the deployment of a
follow-on United Nations peacekeeping mission and obstruct the transition from
AMIS to a follow-on United Nations peacekeeping mission.
(13)Since the
signing of the Darfur Peace Agreement, the African Union has requested enhanced
support from NATO for AMIS, and NATO has agreed to develop options for possible
continued support to AMIS and also support for a possible follow-on United
Nations peacekeeping mission in Darfur.
(14)More than
3,000,000 people in Darfur are dependent on humanitarian assistance for
survival.
(15)The United
States has been the largest single donor of humanitarian assistance to the
people of Darfur, contributing more than $1,000,000,000 since 2003 to help
alleviate the suffering in that region. United States contributions provide
desperately needed assistance in a wide range of areas, including, among other
things, 85 percent of the food distributed by the World Food Programme in 2006
and programs to assist the victims of gender-based violence.
(16)The United
Nations Office for the Coordination of Humanitarian Assistance reports that
substantial food, water, sanitation, health, and other humanitarian needs in
Darfur are not being met. The World Food Programme continues seeking
contributions for humanitarian assistance for Darfur refugees and internally
displaced persons in order to fill the $400,000,000 shortfall for its
operations in Sudan. The violence and banditry prevents humanitarian assistance
from reaching many of the needy in Darfur and further has prevented villagers
from cultivating crops and engaging in trade and other economic
activities.
(17)The United
States, NATO, and the international community have an interest in strengthening
the international security guarantees and verification through a follow-on
United Nations peacekeeping mission in order to implement the Darfur Peace
Agreement, protect civilians, and alleviate the suffering resulting from the
crisis in Darfur.
3.In this Act:
(1)Appropriate
committees of CongressThe term appropriate committees of
Congress means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.
(2)The term AMIS
means the
African Union Mission in Sudan.
(3)The term Darfur Peace Agreement
means
the Darfur Peace Agreement done at Abuja, Nigeria, May 5, 2006, developed
during the Inter-Sudanese Peace Talks hosted by the African Union.
(4)Follow-on
United Nations peacekeeping missionThe term follow-on
United Nations peacekeeping mission means a peacekeeping mission carried
out subsequent to AMIS in the Darfur region of Sudan by members of the United
Nations pursuant to a mandate promulgated under Chapter VII of the Charter of
the United Nations.
(5)The term Government of Sudan means the
National Congress Party (formerly known as the National Islamic Front)
led-government in Khartoum, Sudan, or any successor government formed on or
after the date of this Act, including the National Unity Government agreed upon
in the Comprehensive Peace Agreement for Sudan, except that such term does not
include the regional Government of Southern Sudan.
(6)The term immediate family with respect to an
individual, means spouse and children of that individual.
(7)The
term Janjaweed means the militias and armed groups operating in
the Darfur region of Sudan that are required to be disarmed and neutralized
pursuant to the Darfur Peace Agreement.
(8)Leaders of the
Government of SudanThe term leaders of the Government of
Sudan means the President and Vice Presidents of Sudan, officials of the
Government of Sudan who serve as ministers, the leaders of a political party in
Sudan, and the leaders of the armed forces and the security forces of
Sudan.
(9)The
term NATO means the North Atlantic Treaty Organisation.
(10)The
term property means any property (including patents, copyrights,
trademarks, and any other form of intellectual property), whether real,
personal, or mixed, and any present, future, or contingent right, security, or
other interest therein, including any leasehold interest.
(11)The
term SLM means the Sudan Liberation Movement.
(12)The term United States national
means—
(A)an individual who
is a citizen of the United States or an individual who, though not a citizen of
the United States, owes permanent allegiance to the United States; or
(B)a legal entity
that is organized under the laws of the United States, or of any State, the
District of Columbia, the Commonwealth of Puerto Rico, or any other territory
or possession of the United States, and which has its principal place of
business in the United States.
4.It is the sense of
Congress that—
(1)the President
should—
(A)assign the
individual appointed as the Presidential Special Envoy for Sudan pursuant to
title I of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120
Stat. 418) the task of supporting the peace process in Darfur and other regions
of Sudan, including developing recommendations to facilitate the peace
process;
(B)implement, and
work with the international community to obtain implementation by other
countries of, targeted sanctions against each individual identified by a panel
of experts on Sudan established by the United Nations Security Council and
against any other individual in the Government of Sudan or an armed group
operating in Darfur responsible for violations of the cease-fire, attacks on
civilians, peacekeepers, or humanitarian relief providers, obstructing the
deployment of a follow-on United Nations peacekeeping mission, or otherwise
impeding the implementation of the Darfur Peace Agreement;
(C)call on the
Government of Sudan, the armed groups operating in Sudan, the United Nations,
NATO, the African Union, the European Union, the Arab League, and the
international community to take the measures described in paragraphs (2)
through (11) to support the peace process in Darfur, to protect civilians, and
to address the humanitarian crisis in Darfur; and
(D)after the
deployment of a follow-on United Nations peacekeeping mission to Darfur and
peace and stability have been achieved, convene an international summit for the
purpose of building international backing and support for the safe, voluntary,
and sustainable return of refugees and internally displaced persons to their
homes and for the social, economic, and political recovery of Darfur;
(2)the Government of
Sudan should—
(A)immediately allow
the United Nations to establish and rapidly deploy a robust follow-on United
Nations peacekeeping mission in Darfur;
(B)fully cooperate
with AMIS and facilitate the efforts of AMIS in verifying the cease-fire and of
the disarming and neutralizing of the Janjaweed;
(C)facilitate and
fully cooperate with a follow-on United Nations peacekeeping mission in Darfur;
and
(D)allow and
facilitate the external verification by a follow-on United Nations peacekeeping
mission of the cease-fire and of the disarming and neutralizing of the
Janjaweed;
(3)the Government of
Sudan, the SLM, and other parties to the Darfur Peace Agreement should fully
implement that agreement, particularly the commitment to respect a cease-fire
and to disarm and neutralize the Janjaweed;
(4)the other armed
groups operating in Darfur that did not sign the Darfur Peace Agreement should
fully respect and not impede the implementation of that Agreement, including
respecting the cease-fire;
(5)the United
Nations Department of Peacekeeping Operations should prepare to rapidly deploy
a peacekeeping mission to Darfur and the United Nations Security Council should
authorize a follow-on United Nations peacekeeping mission in Darfur;
(6)the United
Nations Security Council should adopt a resolution calling on member countries
or appropriate international organizations, such as NATO, to enforce the no-fly
zone in and over the Darfur region established under United Nations Security
Council Resolution 1591 (2005);
(7)the United
Nations Security Council should implement sanctions that target representatives
of the Government of Sudan or any armed group operating in Darfur that violates
the cease-fire, attacks civilians, peacekeepers, or humanitarian relief
providers, or otherwise impedes the implementation of the Darfur Peace
Agreement;
(8)NATO should
enforce the no-fly zone in and over the Darfur region, if requested to do so by
the United Nations, and should provide airlift and other logistical and
intelligence support to AMIS and to a follow-on United Nations peacekeeping
mission;
(9)the African
Union, the Arab League, the European Union, and other members of the
international community should provide additional personnel, equipment,
financial, and logistical support to help AMIS improve its ability to provide
security in Darfur and implement the Darfur Peace Agreement until a follow-on
United Nations peacekeeping mission can be deployed;
(10)the
international community, especially members of the European Union and the Arab
League, should promptly fulfill their prior pledges to provide assistance and
increase their food and humanitarian aid for Darfur to address the shortfall of
contributions that the United Nations Office for the Coordination of
Humanitarian Affairs has estimated to be more than $400,000,000; and
(11)after the
deployment of a United Nations peacekeeping force, the World Bank, the United
Nations, and the international community should, as soon as conditions are
appropriate, convene an international conference to prepare plans and identify
resources to help support refugees and internally displaced persons and to
assist them in making a safe and voluntary return home and resuming their
livelihoods.
5.Sanctions
against the Government of Sudan
(a)Blocking
Sudanese assets in the United States
(1)All property and interests in property, including all
commercial, industrial, or public utility undertaking or entity, of, or in the
name of, the Government of Sudan that is in the United States, or that enters
into the United States, or that is or that comes within the possession or
control of a United States national, including a branch of such national
located in a foreign country is blocked from all transfer.
(2)The Secretary of the Treasury, in consultation with
the Secretary of State, shall take such actions, including the promulgation of
regulations, orders, directives, rulings, instructions, and licenses, and
employ all powers granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), as may be necessary, to carry out
this section.
(3)Transfers prohibited under paragraph (1) shall include
payments or transfers of any property or thing of economic value by a United
States national to—
(A)the Government of
Sudan;
(B)a person acting
for or on behalf of the Government of Sudan; or
(C)a person owned or
controlled, directly or indirectly, by a person or entity described in
subparagraph (A) or (B).
(4)All expenses incident to the blocking and maintenance of
property blocked under paragraph (1) shall be charged to the owners or
operators of such property, and shall not be paid for by blocked funds.
(b)
(1)The following are prohibited:
(A)Any transaction
within the United States or by a United States national relating to any vessel
in which a majority or controlling interest is held by a person or entity in,
or operating from, Sudan regardless of the flag under which the vessel
sails.
(B)The exportation
to Sudan or to any entity operated from Sudan or owned and controlled by the
Government of Sudan, directly or indirectly, of any goods, technology, or
services, either—
(i)from the United
States;
(ii)requiring the
issuance of a license by a Federal agency; or
(iii)involving the
use of United States registered vessels or aircraft, or any activity that
promotes or is intended to promote such exportation.
(C)Any dealing by a
United States national in—
(i)property
originating in Sudan or exported from Sudan;
(ii)property
intended for exportation from Sudan to any country or exportation to Sudan from
any country; or
(iii)any activity of
any kind that promotes or is intended to promote such dealing described in
clauses (i) or (ii).
(D)The performance
by a United States national of any contract, including a financing contract, in
support of an industrial, commercial, public utility, or governmental project
in Sudan.
(2)Nothing in this subsection prevents the issuance of
licenses to ensure the safety of civil aviation and safe operation of
commercial passenger aircraft of United States origin and to ensure the safety
of oceangoing maritime traffic in international waters.
(c)Prohibited
loans and investment
(1)United States
government financingNo loan, credit guarantee, insurance,
financing, or other similar financial assistance may be extended by any agency
of the United States Government, including the Export-Import Bank of the United
States and the Overseas Private Investment Corporation, to the Government of
Sudan.
(2)Trade and
development agencyNotwithstanding any other provision of law,
funds made appropriated or otherwise made available by law may not be made
available for activities of the Trade and Development Agency in or for
Sudan.
(3)Prohibition on
private creditsNo United States national may make or approve any
loan or other extension of credit, directly or indirectly, to the Government of
Sudan or to any corporation, partnership, or other organization that is owned
or controlled by the Government of Sudan.
(d)Prohibition of
military-to-military cooperationThe United States Government
(including any agency or entity of the United States) shall not provide
assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or
the Arms Export Control Act (22 U.S.C. 2751 et seq.) (including the provision
of Foreign Military Financing under section 23 of the Arms Export Control Act
(22 U.S.C. 2763) or international military education and training under chapter
5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) or provide
any defense articles or defense services under those Acts, to the armed forces
of the Government of Sudan.
(e)The
sanctions in this section—
(1)may not—
(A)prohibit the
transshipment through Sudan of commodities and products originating outside
Sudan and temporarily present in the territory of Sudan only for the purpose of
such transshipment;
(B)apply to
humanitarian assistance to the people of Sudan;
(C)apply to
materials described in section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)) relating to informational materials;
or
(D)apply to assets,
transactions, or persons living in the territory of or under the control of the
Government of Southern Sudan established pursuant to the Comprehensive Peace
Agreement between the Government of Sudan and the Sudan People’s Liberation
Movement of January 9, 2005; and
(2)may be waived, in
whole or in part, with respect to persons, assets, or transactions by the
President, if the President submits to the appropriate committees of Congress a
certification that waiver of such sanctions are in the interest of the
resolution of a conflict in any region of Sudan or are in the national security
interest of the United States.
6.Certifications
and reports to Congress
(a)Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, the President shall submit to the
appropriate committees of Congress, the Committee on Armed Services of the
Senate, and the Committee on Armed Services of the House of
Representatives—
(1)a certification
as to whether the Government of Sudan and the other parties to the Darfur Peace
Agreement are complying with the cease-fire and the other final security
arrangements of that Agreement; and
(2)a report—
(A)describing any
sanctions imposed on Sudan by the United States, the United Nations, or by a
foreign country; and
(B)describing and
assessing the situation in Darfur, including—
(i)a
determination of whether the Government of Sudan has agreed to allow a
follow-on United Nations peacekeeping mission to operate in the Darfur
region;
(ii)a
description of the progress made in meeting the schedules for implementing the
comprehensive cease-fire and final security arrangements in the Darfur Peace
Agreement, in particular neutralizing and disarming the Janjaweed, the SLM, the
Justice and Equity Movement, and the other armed groups in Darfur;
(iii)whether the
Government of Sudan is allowing the external verification by a follow-on United
Nations peacekeeping mission of neutralizing and disarming the
Janjaweed;
(iv)a
description of efforts by the United States to provide or obtain airlift,
logistical, training, and other support directly, through NATO, or by other
means, to AMIS and to a follow-on United Nations peacekeeping mission in
Darfur;
(v)a
description of efforts by the United States to increase participation by
foreign countries in AMIS and in a follow-on United Nations peacekeeping
mission in Darfur and a list, disaggregated by country, of current and expected
troop contributions to peacekeeping operations in Darfur;
(vi)a
description of the extent to which other countries directly or indirectly are
supporting violence in Darfur, particularly through weapon flows, or support to
either armed groups operating in Darfur or to the armed forces of the
Government of Sudan, and the extent to which the Government of Sudan is
supporting violence in Chad and other neighboring countries;
(vii)a
description of the support provided to militia and other irregular armed groups
in Sudan and in other countries by the Government of Sudan; and
(viii)a description
of the humanitarian assistance needs of the people in the Darfur region and for
refugees in Chad and the level of humanitarian assistance provided by the
United States, the Government of Sudan, and the international community.
(b)Authority for
other activities
(1)If the President submits, for a reporting period, a
certification under subsection (a)(1) that the Government of Sudan is complying
with its obligations in the Darfur Peace Agreement and a report that states
that the Government of Sudan has agreed to allow a follow-on United Nations
peacekeeping mission to operate in the Darfur region and is allowing the
external verification of the neutralizing and disarming of the Janjaweed, the
President—
(A)shall request
recommendations to further the peace process in Sudan from the Special Envoy
for Sudan;
(B)is authorized to
implement the recommendations described in subparagraph (A) during the next
reporting period; and
(C)shall consult
with the appropriate committees of Congress on any recommendations described in
subparagraph (A) that the President is considering implementing and on any
other measures the President intends to take to promote peace in Sudan or to
address humanitarian needs in the region.
(2)Relationship to
other authorityNo provision of this Act shall limit the
authority of the Special Envoy for Sudan to provide advice, at any time, to the
President or to any other appropriate person or from otherwise acting to
promote peace in Sudan and to address humanitarian needs in Sudan.
(c)Penalties for
non-cooperationIf the President submits, for a reporting period,
a certification under subsection (a)(1) that the Government of Sudan is not
complying with its obligations in the Darfur Peace Agreement or a report that
states that the Government of Sudan has not agreed to allow a follow-on United
Nations peacekeeping mission to operate in the Darfur region or is not allowing
the external verification of the neutralizing and disarming of the Janjaweed,
the President shall—
(1)impose targeted
sanctions on the leaders of the Government of Sudan and their immediate
families, including blocking the transfer of any property of such individuals
that is in the United States, or that enters into the United States, or that is
or that comes within the possession or control of a United States national,
including a branch of such national located in a foreign country and
restricting the travel of such individuals to or over the United States and its
territories;
(2)urge the
international community to impose similar targeted sanctions against the
leaders of the Government of Sudan and their immediate families;
(3)encourage foreign
countries to impose sanctions against the Government of Sudan that are
comparable to the sanctions described in Executive Order 13067 of November 3,
1997 (62 Federal Register 59989) or in this Act; and
(4)prevent the
normalization of bilateral relations between the United States and Sudan,
including opposing exchanging ambassadors with Sudan, and oppose the
reintegration of Sudan into the global community, including opposing the
admission to the World Trade Organization or other regional or international
economic or political organization.
7.Reports on
investments in Sudan and assets of the leaders of Sudan
(a)United States
investment in Sudan
(1)Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of Commerce shall, in
consultation with the Secretary of State and Secretary of the Treasury, prepare
a report of the list of persons (other than Sudanese persons) that have
invested $5,000,000 or more in Sudan or have announced plans for such an
investment in Sudan.
(2)The
Secretary of Commerce shall publish each report required by paragraph (1) in
the Federal Register.
(b)Sudanese
investments in the United States
(1)Not later than 1 year after the date of the enactment of
this Act, the Secretary of the Treasury shall, in consultation with the
Secretary of State, submit to the appropriate committees of Congress a report
on the amounts and location of assets of the leaders of the Government of Sudan
and their immediate families that are located in the United States or in a
foreign country other than Sudan.
(2)The report required by paragraph (1) shall be submitted in
an unclassified form and may have a classified annex.
8.Authorization of
AppropriationsThere are
authorized to be appropriated an additional $150,000,000 for each of the fiscal
years 2008 through 2012 to provide food, health, water, and other humanitarian
assistance to the refugees and internally displaced persons of Darfur.