1.Short title; table of
contents
(a)This Act may be cited as the Darfur Peace and Accountability Act of
2006
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide
in Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.
2.In this Act:
(1)The
term AMIS means the African Union Mission in Sudan.
(2)Appropriate
congressional committeesThe term appropriate congressional
committees means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives.
(3)Comprehensive
peace agreement for SudanThe term Comprehensive Peace
Agreement for Sudan means the peace agreement signed by the Government
of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005.
(4)The term Darfur Peace Agreement means the
peace agreement signed by the Government of Sudan and the Sudan Liberation
Movement/Army in Abuja, Nigeria, on May 5, 2006.
(5)The term Government of Sudan—
(A)means—
(i)the
government in Khartoum, Sudan, which is led by the National Congress Party
(formerly known as the National Islamic Front); or
(ii)any successor
government formed on or after the date of the enactment of this Act (including
the coalition National Unity Government agreed upon in the Comprehensive Peace
Agreement for Sudan); and
(B)does not include
the regional government of Southern Sudan.
(6)Officials of
the government of SudanThe term official of the Government
of Sudan does not include any individual—
(A)who was not a
member of such government before July 1, 2005; or
(B)who is a member
of the regional government of Southern Sudan.
(7)The
term SPLM/A means the Sudan People’s Liberation
Movement/Army.
3.Congress makes the following
findings:
(1)On July 23, 2004,
Congress declared, the atrocities unfolding in Darfur, Sudan, are
genocide
.
(2)On September 9,
2004, Secretary of State Colin L. Powell stated before the Committee on Foreign
Relations of the Senate, genocide has occurred and may still be
occurring in Darfur
, and the Government of Sudan and the
Janjaweed bear responsibility
.
(3)On September 21,
2004, in an address before the United Nations General Assembly, President
George W. Bush affirmed the Secretary of State’s finding and stated,
[a]t this hour, the world is witnessing terrible suffering and horrible
crimes in the Darfur region of Sudan, crimes my government has concluded are
genocide
.
(4)On July 30, 2004,
the United Nations Security Council passed Security Council Resolution 1556
(2004), calling upon the Government of Sudan to disarm the Janjaweed militias
and to apprehend and bring to justice Janjaweed leaders and their associates
who have incited and carried out violations of human rights and international
humanitarian law, and establishing a ban on the sale or supply of arms and
related materiel of all types, including the provision of related technical
training or assistance, to all nongovernmental entities and individuals,
including the Janjaweed.
(5)On September 18,
2004, the United Nations Security Council passed Security Council Resolution
1564 (2004), determining that the Government of Sudan had failed to meet its
obligations under Security Council Resolution 1556 (2004), calling for a
military flight ban in and over the Darfur region, demanding the names of
Janjaweed militiamen disarmed and arrested for verification, establishing an
International Commission of Inquiry on Darfur to investigate violations of
international humanitarian and human rights laws, and threatening sanctions
should the Government of Sudan fail to fully comply with Security Council
Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect
Sudan’s petroleum sector or individual members of the Government of
Sudan.
(6)The Report of the
International Commission of Inquiry on Darfur, submitted to the United Nations
Secretary-General on January 25, 2005, established that the Government
of the Sudan and the Janjaweed are responsible for serious violations of
international human rights and humanitarian law amounting to crimes under
international law,
that these acts were conducted on a
widespread and systematic basis, and therefore may amount to crimes against
humanity,
and that officials of the Government of Sudan and other
individuals may have acted with genocidal intent
.
(7)On March 24,
2005, the United Nations Security Council passed Security Council Resolution
1590 (2005), establishing the United Nations Mission in Sudan (referred to in
this section as the UNMIS
), consisting of up to 10,000 military
personnel and 715 civilian police, to support implementation of the
Comprehensive Peace Agreement for Sudan and closely and continuously
liaise and coordinate at all levels with AMIS with a view towards expeditiously
reinforcing the effort to foster peace in Darfur
.
(8)On March 29,
2005, the United Nations Security Council passed Security Council Resolution
1591 (2005), extending the military embargo established by Security Council
Resolution 1556 (2004) to all the parties to the N’Djamena Ceasefire Agreement
of April 8, 2004, and any other belligerents in the states of North Darfur,
South Darfur, and West Darfur, calling for an asset freeze and travel ban
against those individuals who impede the peace process, constitute a threat to
stability in Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities, are responsible for
offensive military overflights, or violate the military embargo, and
establishing a Committee of the Security Council and a panel of experts to
assist in monitoring compliance with Security Council Resolutions 1556 (2004)
and 1591 (2005).
(9)On March 31,
2005, the United Nations Security Council passed Security Council Resolution
1593 (2005), referring the situation in Darfur since July 1, 2002, to the
prosecutor of the International Criminal Court and calling on the Government of
Sudan and all parties to the conflict to cooperate fully with the Court.
(10)On May 25, 2004,
the African Union agreed to establish the African Union Mission in Sudan
(referred to in this Act as the AMIS
) to monitor the April 2004
N'Djamena Humanitarian Ceasefire Agreement between the parties in conflict in
the Darfur region of Sudan and provide necessary protection of such observer
force.
(11)On July 30,
2005, Dr. John Garang de Mabior, the newly appointed Vice President of Sudan
and the leader of the SPLM/A for the past 21 years, was killed in a tragic
helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging
the commitment of all Sudanese to the Comprehensive Peace Agreement for
Sudan.
(12)On January 12,
2006, the African Union Peace and Security Council issued a communique
endorsing, in principle, a transition from AMIS to a United Nations
peacekeeping operation and requested the Chairperson of the Council to initiate
consultations with the United Nations and other stakeholders toward this
end.
(13)On February 3,
2006, the United Nations Security Council issued a Presidential Statement
authorizing the initiation of contingency planning for a transition from AMIS
to a United Nations peacekeeping operation.
(14)On March 10,
2006, the African Union Peace and Security Council extended the mandate of
AMIS, which had reached a force size of 7,000, to September 30, 2006, while
simultaneously endorsing the transition of AMIS to a United Nations
peacekeeping operation and setting April 30, 2006 as the deadline for reaching
an agreement to resolve the crisis in Darfur.
(15)On March 24,
2006, the United Nations Security Council passed Security Council Resolution
1663 (2006), which—
(A)welcomes the
African Peace and Security Council’s March 10, 2006, communique; and
(B)requests that the
United Nations Secretary-General, jointly with the African Union and in
consultation with the parties to the Abuja Peace Talks, expedite planning for
the transition of AMIS to a United Nations peacekeeping operation.
(16)On March 29,
2006, during a speech at Freedom House, President Bush called for a transition
to a United Nations peacekeeping operation and additional forces with a
NATO overlay . . . to provide logistical and command-and-control and airlift
capacity, but also to send a clear signal to parties involved that the west is
determined to help effect a settlement.
.
(17)On April 25,
2006, the United Nations Security Council passed Security Council Resolution
1672 (2006), unanimously imposing targeted financial sanctions and travel
restrictions on 4 individuals who had been identified in a list of 51 submitted
to the United Nations Security Council by a United Nations panel of experts
established pursuant to Security Council Resolution 1591 (2005), which had
identified the individuals as those who, among other acts, impede the
peace process, constitute a threat to stability in Darfur and the region,
commit violations of international humanitarian or human rights law or other
atrocities
, including the Commander of the Western Military Region for
the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North
Darfur, the Commander of the Sudanese Liberation Army, and the Field Commander
of the National Movement for Reform and Development.
(18)On May 5, 2006,
under the auspices of African Union mediation and the direct engagement of the
international community, including the United States, the Government of Sudan
and the largest rebel faction in Darfur, the Sudan Liberation Movement, signed
the Darfur Peace Agreement, which addresses security, power sharing, and wealth
sharing issues between the parties.
(19)In August 2006,
the Sudanese government began to amass military forces and equipment in the
Darfur region in contravention of the Darfur Peace Agreement to which they are
signatories in what appears to be preliminary to full scale war.
(20)On August 30,
2006, the United Nations Security Council voted unanimously, with 3 abstentions
(China, Russian Federation, and Qatar), for Security Council Resolution 1706
(2006) to expand the mandate of the existing United Nations Mission in Sudan to
include the Darfur region of Sudan and to support implementation of the Darfur
Peace Agreement of May 5, 2006, and the N'djamena Agreement on Humanitarian
Cease-fire on the Conflict in Darfur with up to 20,000 peacekeepers and
police.
(21)Between August
30 and September 3, 2006, President Bashir and other senior members of his
administration have publicly rejected United Nations Security Council
Resolution 1706 (2006), calling it illegal and a western invasion of his
country, despite the current presence of 10,000 United Nations peacekeepers
under the UNMIS peacekeeping force.
(22)Since 1993, the
Government of Sudan has been designated, pursuant to section 6(j) of the
Export Administration Act of 1979
(50 App. U.S.C. 2405(j)), as a country which has repeatedly provided support
for acts of international terrorism. Since Sudan has been designated as a state
sponsor of terrorism, United States assistance, defense exports and sales, and
financial and other transactions with the Government of Sudan are severely
restricted under section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) and section 40 of the
Arms Export Control Act (22 U.S.C.
2780).
4.It is the sense of
Congress that—
(1)the genocide
unfolding in the Darfur region of Sudan is characterized by acts of terrorism
and atrocities directed against civilians, including mass murder, rape, and
sexual violence committed by the Janjaweed and associated militias with the
complicity and support of the National Congress Party-led faction of the
Government of Sudan;
(2)all parties to
the conflict in the Darfur region have continued to violate the N’Djamena
Ceasefire Agreement of April 8, 2004, and the Abuja Protocols of November 9,
2004, and violence against civilians, humanitarian aid workers, and personnel
of AMIS is increasing;
(3)the African Union
should rapidly expand the size and amend the mandate of AMIS to authorize such
action as may be necessary to—
(A)protect civilians
and humanitarian operations;
(B)assist with the
implementation of the Darfur Peace Agreement;
(C)deter violence in
the Darfur region; and
(D)make all
necessary preparations, without delay, for an orderly transition to a United
Nations peacekeeping operation, which may include African Union
participation;
(4)the international
community, including the United States and the European Union, should
immediately act to mobilize sufficient political, military, and financial
resources through the United Nations and the North Atlantic Treaty
Organization, to support the transition of AMIS to a United Nations
peacekeeping operation with the size, strength, and capacity necessary to
protect civilians and humanitarian operations, to assist with the
implementation of the Darfur Peace Agreement, and to end the continued violence
in the Darfur region;
(5)if an expanded
and reinforced AMIS or subsequent United Nations peacekeeping operation fails
to stop genocide in the Darfur region, the international community should take
additional measures to prevent and suppress acts of genocide in the Darfur
region;
(6)acting under
article 5 of the Charter of the United Nations, the United Nations Security
Council should call for suspension of the Government of Sudan’s rights and
privileges of membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks upon civilians,
demobilize and demilitarize the Janjaweed and associated militias, and grant
free and unfettered access for deliveries of humanitarian assistance in the
Darfur region;
(7)the President
should use all necessary and appropriate diplomatic means to ensure the full
discharge of the responsibilities of the Committee of the United Nations
Security Council and the panel of experts established pursuant to section 3(a)
of Security Council Resolution 1591 (2005);
(8)the United States
should not provide assistance to the Government of Sudan, other than assistance
necessary for the implementation of the Comprehensive Peace Agreement for Sudan
and the Darfur Peace Agreement, the support of the regional Government of
Southern Sudan and marginalized areas in Northern Sudan (including the Nuba
Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia),
or for humanitarian purposes in Sudan, until the Government of Sudan has
honored pledges to cease attacks upon civilians, demobilize and demilitarize
the Janjaweed and associated militias, grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region, and allow for the
safe and voluntary return of refugees and internally displaced persons;
(9)the President
should seek to assist members of the Sudanese diaspora in the United States by
establishing a student loan forgiveness program for those individuals who
commit to return to Southern Sudan for a period of not less than 5 years for
the purpose of contributing professional skills needed for the reconstruction
of Southern Sudan;
(10)the President
should appoint a Presidential Envoy for Sudan with appropriate resources and a
clear mandate to—
(A)provide
stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan
and the Darfur Peace Agreement;
(B)seek ways to
bring stability and peace to the Darfur region;
(C)address
instability elsewhere in Sudan, Chad, and northern Uganda; and
(D)pursue a truly
comprehensive peace throughout the region;
(11)the
international community should strongly condemn attacks against humanitarian
workers and African Union personnel, and the forcible recruitment of refugees
from camps in Chad and Sudan, and demand that all armed groups in the region,
including the forces of the Government of Sudan, the Janjaweed, associated
militias, the Sudan Liberation Movement/Army, the Justice and Equality
Movement, and all other armed groups refrain from such activities;
(12)the United
States should fully support the Comprehensive Peace Agreement for Sudan and the
Darfur Peace Agreement and urge rapid implementation of its terms;
(13)the May 5, 2006,
signing of the Darfur Peace Agreement between the Government of Sudan and the
Sudan Liberation Movement was a positive development in a situation that has
seen little political progress in 2 years and should be seized upon by all
sides to begin the arduous process of post-conflict reconstruction,
restitution, justice, and reconciliation; and
(14)the new
leadership of the Sudan People’s Liberation Movement (referred to in this
paragraph as SPLM
) should—
(A)seek to transform
SPLM into an inclusive, transparent, and democratic body;
(B)reaffirm the
commitment of SPLM to—
(i)bring peace to
Southern Sudan, the Darfur region, and Eastern Sudan; and
(ii)eliminate safe
haven for regional rebel movements, such as the Lord’s Resistance Army;
and
(C)remain united in
the face of efforts to undermine SPLM.
5.Sanctions in
support of peace in Darfur
(a)Blocking of
assets and restriction on visasSection 6 of the Comprehensive
Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) is
amended—
(1)in the heading of
subsection (b), by inserting of
Appropriate Senior Officials of the Government of
Sudan
after Assets
;
(2)by redesignating
subsections (c) through (e) as subsections (d) through (f), respectively;
and
(3)by inserting
after subsection (b) the following:
(c)Blocking of
assets and restriction on visas of certain individuals identified by the
president
(1)Beginning on the date that is 30 days after the date of
the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of contributing
to peace in Sudan, the President shall, consistent with the authorities granted
under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block the assets of any individual who the President determines is complicit
in, or responsible for, acts of genocide, war crimes, or crimes against
humanity in Darfur, including the family members or any associates of such
individual to whom assets or property of such individual was transferred on or
after July 1, 2002.
(2)Beginning on the date that is 30 days after the date of the
enactment of the Darfur Peace and Accountability Act of 2006, and in the
interest of contributing to peace in Sudan, the President shall deny a visa and
entry to any individual who the President determines to be complicit in, or
responsible for, acts of genocide, war crimes, or crimes against humanity in
Darfur, including the family members or any associates of such individual to
whom assets or property of such individual was transferred on or after July 1,
2002.
.
(b)Section
6(d) of the Comprehensive Peace in Sudan Act of 2004, as redesignated by
subsection (a), is amended by adding at the end the following: The
President may waive the application of paragraph (1) or (2) of subsection (c)
with respect to any individual if the President determines that such a waiver
is in the national interests of the United States and, before exercising the
waiver, notifies the appropriate congressional committees of the name of the
individual and the reasons for the waiver.
.
(c)Sanctions
against certain Janjaweed commanders and coordinatorsIt is the
sense of Congress, that the President should immediately consider imposing the
sanctions described in section 6(c) of the Comprehensive Peace in Sudan Act of
2004, as added by subsection (a), against the Janjaweed commanders and
coordinators identified by the former United States Ambassador at Large for War
Crimes on June 24, 2004, before the Subcommittee on Africa, Global Human Rights
and International Operations of the Committee on International Relations of the
House of Representatives.
6.Additional
authorities to deter and suppress genocide in Darfur
(a)Presidential
assistance To support AMISSubject to subsection (b) and
notwithstanding any other provision of law, the President is authorized to
provide AMIS with—
(1)assistance for
any expansion of the mandate, size, strength, and capacity to protect civilians
and humanitarian operations in order to help stabilize the Darfur region of
Sudan and dissuade and deter air attacks directed against civilians and
humanitarian workers; and
(2)assistance in the
areas of logistics, transport, communications, material support, technical
assistance, training, command and control, aerial surveillance, and
intelligence.
(b)
(1)Assistance provided under subsection (a)—
(A)shall be used
only in the Darfur region; and
(B)shall not be
provided until AMIS has agreed not to transfer title to, or possession of, any
such assistance to anyone not an officer, employee or agent of AMIS, and not to
use or to permit the use of such assistance for any purposes other than those
for which such assistance was furnished, unless the consent of the President
has first been obtained, and written assurances reflecting all of the forgoing
have been obtained from AMIS by the President.
(2)If
the President consents to the transfer of such assistance to anyone not an
officer, employee, or agent of AMIS, or agrees to permit the use of such
assistance for any purposes other than those for which such assistance was
furnished, the President shall immediately notify the Committee on Foreign
Relations of the Senate and the Committee on International Relations of the
House of Representatives in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394–1).
(c)NATO assistance
To support AMISIt is the sense of Congress that the President
should continue to instruct the United States Permanent Representative to the
North Atlantic Treaty Organization (referred to in this section as
NATO
) to use the voice, vote, and influence of the United States
at NATO to—
(1)advocate NATO
reinforcement of the AMIS and its orderly transition to a United Nations
peacekeeping operation, as appropriate;
(2)provide assets to
help dissuade and deter air strikes directed against civilians and humanitarian
workers in the Darfur region of Sudan; and
(3)provide other
logistical, transportation, communications, training, technical assistance,
command and control, aerial surveillance, and intelligence support.
(d)Nothing in this Act, or any amendment made by this
Act, shall be construed as a provision described in section 5(b) or 8(a)(1) of
the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1544(b),
1546(a)(1)).
(e)Denial of entry
at United States ports to certain cargo ships or oil tankers
(1)The President should take all necessary and appropriate
steps to deny the Government of Sudan access to oil revenues, including by
prohibiting entry at United States ports to cargo ships or oil tankers engaged
in business or trade activities in the oil sector of Sudan or involved in the
shipment of goods for use by the armed forces of Sudan until such time as the
Government of Sudan has honored its commitments to cease attacks on civilians,
demobilize and demilitarize the Janjaweed and associated militias, grant free
and unfettered access for deliveries of humanitarian assistance, and allow for
the safe and voluntary return of refugees and internally displaced
persons.
(2)Paragraph
(1) shall not apply with respect to—
(A)cargo ships or
oil tankers involved in an internationally-recognized demobilization program or
the shipment of economic assistance; or
(B)if the President
has made the determination set forth in section 9(e), military assistance
necessary to carry out elements of the Comprehensive Peace Agreement for Sudan
or the Darfur Peace Agreement.
(f)Prohibition on
Assistance to Countries in Violation of United Nations Security Council
Resolutions 1556 and 1591
(1)Amounts
made available to carry out the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not be used to
provide assistance (other than humanitarian assistance) to the government of a
country that is in violation of the embargo on military assistance with respect
to Sudan imposed pursuant to United Nations Security Council Resolutions 1556
(2004) and 1591 (2005).
(2)The
President may waive the application of paragraph (1) if the President
determines, and certifies to the appropriate congressional committees, that
such waiver is in the national interests of the United States.
7.Continuation of
restrictions
(a)Restrictions against the Government of Sudan that were
imposed pursuant to Executive Order 13067 of November 3, 1997 (62 Federal
Register 59989), title III and sections 508, 512, 527, and 569 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2006
(Public Law 109–102), or any other similar provision of law, shall remain in
effect, and shall not be lifted pursuant to such provisions of law, until the
President certifies to the appropriate congressional committees that the
Government of Sudan is acting in good faith to—
(1)implement the
Darfur Peace Agreement;
(2)disarm,
demobilize, and demilitarize the Janjaweed and all militias allied with the
Government of Sudan;
(3)adhere to all
associated United Nations Security Council Resolutions, including Security
Council Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663
(2006), 1665 (2006), and 1706 (2006);
(4)negotiate a
peaceful resolution to the crisis in eastern Sudan;
(5)fully cooperate
with efforts to disarm, demobilize, and deny safe haven to members of the
Lord’s Resistance Army in Sudan; and
(6)fully implement
the Comprehensive Peace Agreement for Sudan without manipulation or delay,
by—
(A)implementing the
recommendations of the Abyei Boundaries Commission Report;
(B)establishing
other appropriate commissions and implementing and adhering to the
recommendations of such commissions consistent with the terms of the
Comprehensive Peace Agreement for Sudan;
(C)adhering to the
terms of the Wealth Sharing Agreement; and
(D)withdrawing
government forces from Southern Sudan consistent with the terms of the
Comprehensive Peace Agreement for Sudan.
(b)The
President may waive the application of subsection (a) if the President
determines, and certifies to the appropriate congressional committees, that
such waiver is in the national interests of the United States.
8.Assistance
efforts in Sudan
(a)Assistance for
International Malaria Control ActSection 501 of the Assistance
for International Malaria Control Act (Public Law 106–570; 50 U.S.C. 1701 note)
is repealed.
(b)Comprehensive
Peace in Sudan ActSection 7 of the Comprehensive Peace in Sudan
Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) is repealed.
(c)If the President has not made a certification under
section 12(a)(3) of the Sudan Peace Act (50 U.S.C. 1701 note) regarding the
noncompliance of the SPLM/A or the Government of Southern Sudan with the
Comprehensive Peace Agreement for Sudan, the President may provide the
following types of assistance:
(1)
(A)Notwithstanding any other provision of law, the President
is authorized to provide economic assistance for Southern Sudan, Southern
Kordofan/Nuba Mountains State, Blue Nile State, and Abyei, including for
emergency relief to 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 to
implement any nonmilitary program in support of any viable peace agreement in
Sudan, including the Comprehensive Peace Agreement for Sudan.
(B)Congressional
notificationAssistance may not be obligated under this
subsection until 15 days after the date on which the President notifies the
congressional committees specified in section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance with the
procedures applicable to reprogramming notifications under such section.
(2)
(A)Notwithstanding any other provision of law, for each of
fiscal years 2006, 2007, and 2008, the President may authorize the export to
the Government of Southern Sudan for the purpose of constituting a professional
military force—
(i)non-lethal
military equipment controlled under the International Traffic in Arms
Regulations (22 C.F.R. 120.1 et seq.) if the President—
(I)determines that
the export of such items is in the national security interest of the United
States; and
(II)not later than
15 days before the export of any such items, notifies the Committee on Foreign
Relations of the Senate and the Committee on International Relations of the
House of Representatives of such determination.
(ii)lethal military
equipment controlled under categories I, II, and III of the United States
Munitions List (22 C.F.R. 121.1 et seq.) if the President—
(I)determines that
the export of such equipment is vital to the national security interests of the
United States; and
(II)in accordance
with the procedures set forth in section 614(a)(3) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2364(a)(3)), notifies the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House of
Representatives of such determination.
(3)For each item exported pursuant to paragraph (1) or
(2), the President shall include with the notification to Congress under
clauses (i)(II) and (ii)(II) of paragraph (2)—
(A)an identification
of the end users to which the export is being made;
(B)the dollar value
of the items being exported;
(C)a description of
the items being exported; and
(D)a description of
the end use verification procedures that will be applied to such items,
including—
(i)any
special assurances obtained from the Government of Southern Sudan or other
authorized end users regarding such equipment; and
(ii)the end use or
retransfer controls that will be applied to any items exported under this
subsection.
(4)Section 40A(b) of the Arms Export Control Act (22
U.S.C. 2781(b)) shall not apply to assistance furnished under paragraph
(2).
(d)Exception to
prohibitions in Executive Order number
13067Notwithstanding any other
provision of law, the prohibitions set forth with respect to Sudan in Executive
Order No. 13067 (62 Fed. Reg. 59989) shall not apply to activities or related
transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains
State, Blue Nile State, or Abyei.
9.Section 8 of the
Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) is amended—
(1)by redesignating
subsection (c) as subsection (g); and
(2)by inserting
after subsection (b) the following:
(c)Report on
African Union Mission in SudanIn conjunction with the other
reports required under this section, the Secretary of State, in consultation
with all relevant Federal departments and agencies, shall prepare and submit a
report, to the appropriate congressional committees, regarding—
(1)a detailed
description of all United States assistance provided to the African Union
Mission in Sudan (referred to in this subsection as AMIS
) since
the establishment of AMIS, reported by fiscal year and the type and purpose of
such assistance; and
(2)the level of
other international assistance provided to AMIS, including assistance from
countries, regional and international organizations, such as the North Atlantic
Treaty Organization, the European Union, the Arab League, and the United
Nations, reported by fiscal year and the type and purpose of such assistance,
to the extent possible.
(d)Report on
sanctions in support of peace in DarfurIn conjunction with the
other reports required under this section, the Secretary of State shall submit
a report to the appropriate congressional committees regarding sanctions
imposed under section 6 of the Comprehensive Peace in Sudan Act of 2004,
including—
(1)a description of
each sanction imposed under such provision of law; and
(2)the name of the
individual or entity subject to the sanction, if applicable.
(e)Report on
United States military assistanceIn conjunction with the other
reports required under this section, the Secretary of State shall submit a
report to the appropriate congressional committees describing the effectiveness
of any assistance provided under section 8 of the
Darfur Peace and Accountability Act of
2006, including—
(1)a detailed annex
on any military assistance provided in the period covered by this
report;
(2)the results of
any review or other monitoring conducted by the Federal Government with respect
to assistance provided under that Act; and
(3)any unauthorized
retransfer or use of military assistance furnished by the United
States.
.
September 12, 2006
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