[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 495 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 495

To impose sanctions against perpetrators of crimes against humanity in 
                 Darfur, Sudan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2005

  Mr. Corzine (for himself, Mr. Brownback, Mr. Dodd, Mr. Durbin, Mr. 
   Feingold, Mr. Lieberman, Mr. Talent, Mr. DeWine, and Mr. Coburn) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To impose sanctions against perpetrators of crimes against humanity in 
                 Darfur, Sudan, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Darfur Accountability Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Government of sudan.--The term ``Government of Sudan'' 
        means the National Congress Party-led government in Khartoum, 
        Sudan, or any successor government formed on or after the date 
        of the enactment of this Act.
            (3) Member states.--The term ``member states'' means the 
        member states of the United Nations.
            (4) Sudan north-south peace agreement.--The term ``Sudan 
        North-South Peace Agreement'' means the comprehensive peace 
        agreement signed by the Government of Sudan and the Sudan 
        People's Liberation Army/Movement on January 9, 2005.
            (5) Those named by the un commission.--The term ``those 
        named by the UN Commission'' means those individuals whose 
        names appear in the sealed file delivered to the Secretary 
        General of the United Nations by the International Commission 
        of Inquiry on Darfur to the United Nations Secretary General.
            (6) UN commission.--The term ``UN Commission'' means the 
        International Commission of Inquiry on Darfur to the United 
        Nations Secretary General.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On July 22, 2004, the House of Representatives and the 
        Senate declared that the atrocities occurring 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, ``[w]hen 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 [Janjaweed] bear 
        responsibility--and genocide may still be occurring''.
            (3) President George W. Bush, in an address before the 
        United Nations General Assembly on September 21, 2004, 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, 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 carried out other 
        atrocities in the Darfur region.
            (5) On September 18, 2004, the United Nations Security 
        Council passed Security Council Resolution 1564, determining 
        that the Government of Sudan had failed to meet its obligations 
        under Security Council Resolution 1556, 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 into 
        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 and 
        1564.
            (6) United Nations Security Council Resolution 1564 
        declares that if the Government of Sudan ``fails to comply 
        fully'' with Security Council Resolutions 1556 and 1564, the 
        Security Council shall consider taking ``additional measures'' 
        against the Government of Sudan ``as contemplated in Article 41 
        of the Charter of the United Nations, such as actions to affect 
        Sudan's petroleum sector or individual members of the 
        Government of Sudan, in order to take effective action to 
        obtain such full compliance and cooperation''.
            (7) United Nations Security Council Resolution 1564 also 
        ``welcomes and supports the intention of the African Union to 
        enhance and augment its monitoring mission in Darfur'' and 
        ``urges member states to support the African Union in these 
        efforts, including by providing all equipment, logistical, 
        financial, material, and other resources necessary to support 
        the rapid expansion of the African Union Mission''.
            (8) On February 1, 2005, the United Nations released the 
        Report of the International Commission of Inquiry on Darfur to 
        the United Nations Secretary-General, dated January 25, 2005, 
        which stated that, ``[g]overnment forces and militias conducted 
        indiscriminate attacks, including killing of civilians, 
        torture, enforced disappearances, destruction of villages, rape 
        and other forms of sexual violence, pillaging and forced 
        displacement throughout Darfur'', that such ``acts were 
        conducted on a widespread and systematic basis, and therefore 
        may amount to crimes against humanity'', and that the 
        ``magnitude and large-scale nature of some crimes against 
        humanity as well as their consistency over a long period of 
        time, necessarily imply that these crimes result from a central 
        planning operation''.
            (9) The Report of the International Commission of Inquiry 
        on Darfur to the United Nations Secretary-General notes that, 
        pursuant to its mandate and in the course of its work, the UN 
        Commission collected information relating to individual 
        perpetrators of acts constituting ``violations of international 
        human rights law and international humanitarian law, including 
        crimes against humanity and war crimes'' and that the UN 
        Commission has delivered to the Secretary-General of the United 
        Nations a sealed file of those named by the UN Commission with 
        the recommendation that the ``file be handed over to a 
        competent Prosecutor''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the atrocities unfolding in Darfur, Sudan, have been 
        and continue to be genocide;
            (2) the United States should immediately seek passage at 
        the United Nations Security Council of a resolution that--
                    (A) requires member states to freeze the property 
                and assets of, deny visas to, and deny entry to--
                            (i) those named by the UN Commission;
                            (ii) family members of those named by the 
                        UN Commission; and
                            (iii) any associates of those named by the 
                        UN Commission to whom assets or property of 
                        those named by the UN Commission were 
                        transferred on or after June 11, 2004;
                    (B) urges member states to submit to the Security 
                Council the name of any individual that the government 
                of any such member state believes is or has been 
                planning, carrying out, responsible for, or otherwise 
                involved in genocide, war crimes, or crimes against 
                humanity in Darfur, along with evidence supporting such 
                belief so that the Security Council may consider 
                imposing sanctions described in subparagraph (A) 
                against those individuals described in such 
                subparagraph;
                    (C) imposes sanctions or additional measures 
                against the Government of Sudan, including sanctions 
                that will affect the petroleum sector in Sudan, 
                individual members of the Government of Sudan, and 
                entities controlled or owned by officials of the 
                government of Sudan or the National Congress Party in 
                Sudan, that will remain in effect until such time as--
                            (i) humanitarian organizations are granted 
                        full, unimpeded access to Darfur;
                            (ii) the Government of Sudan cooperates 
                        with humanitarian relief efforts, carries out 
                        activities to demobilize and disarm Janjaweed 
                        militias and any other militias supported or 
                        created by the Government of Sudan, and 
                        cooperates fully with efforts to bring to 
                        justice the individuals responsible for 
                        genocide, war crimes, or crimes against 
                        humanity in Darfur;
                            (iii) the Government of Sudan cooperates 
                        fully with the African Union, the United 
                        Nations, and all other observer, monitoring, 
                        and protection missions mandated to operate in 
                        Sudan;
                            (iv) the Government of Sudan permits the 
                        safe and voluntary return of displaced persons 
                        and refugees to their homes and rebuilds the 
                        communities destroyed in the violence in 
                        Darfur; and
                            (v) the Sudan North-South Peace Agreement 
                        is fully implemented and a new coalition 
                        government is created under such Agreement;
                    (D) establishes a military no-fly zone in Darfur;
                    (E) supports the expansion of the African Union 
                force in Darfur so that such force achieves the size 
                and strength needed to prevent ongoing fighting and 
                violence in Darfur;
                    (F) urges member states to accelerate assistance to 
                the African Union force in Darfur;
                    (G) calls on the Government of Sudan to cooperate 
                with, and allow unrestricted movement in Darfur by, the 
                African Union force in the region, international 
                humanitarian organizations, and United Nations 
                monitors;
                    (H) extends the embargo of military equipment 
                established by paragraphs 7 through 9 of Security 
                Council Resolution 1556 to include the prohibition of 
                sale or supply to the Government of Sudan; and
                    (I) supports African Union efforts to negotiate 
                peace talks between the Government of Sudan and rebels 
                in Darfur, calls on the Government of Sudan and rebels 
                in Darfur to abide by their obligations under the 
                N'Djamena Ceasefire Agreement of April 8, 2004 and 
                subsequent agreements, and urges parties to engage in 
                peace talks without preconditions and seek to resolve 
                the conflict;
            (3) the United States should work with other nations to 
        ensure effective efforts to freeze the property and assets of 
        and deny visas and entry to--
                    (A) those named by the UN Commission;
                    (B) any individuals the United States believes is 
                or has been planning, carrying out, responsible for, or 
                otherwise involved in genocide, war crimes, and crimes 
                against humanity in Darfur;
                    (C) family members of any person described in 
                subparagraphs (A) or (B); and
                    (D) any associates of any such person to whom 
                assets or property of such person were transferred on 
                or after June 11, 2004;
            (4) the United States should support accountability through 
        action by the United Nations Security Council, pursuant to 
        Chapter VII of the Charter of the United Nations, to ensure the 
        prompt prosecution and adjudication in a competent 
        international court of justice of those named by the UN 
        Commission;
            (5) the United States should not provide assistance to the 
        Government of Sudan, other than assistance necessary for the 
        implementation of the Sudan North-South Peace Agreement, the 
        support of the southern regional government in Sudan, or for 
        humanitarian purposes in Sudan, unless the President certifies 
        and reports to Congress that--
                    (A) humanitarian organizations are being granted 
                full, unimpeded access to Darfur and the Government of 
                Sudan is providing full cooperation with humanitarian 
                efforts;
                    (B) concrete, sustained steps are being taken 
                toward demobilizing and disarming Janjaweed militias 
                and any other militias supported or created by the 
                Government of Sudan;
                    (C) the Government of Sudan is cooperating fully 
                with efforts to bring to justice those responsible for 
                genocide, war crimes, or crimes against humanity in 
                Darfur;
                    (D) the Government of Sudan cooperates fully with 
                the African Union, the United Nations, and all other 
                observer, monitoring, and protection missions mandated 
                to operate in Sudan;
                    (E) the Government of Sudan permits the safe and 
                voluntary return of displaced persons and refugees to 
                their homes and rebuilds the communities destroyed in 
                the violence in Darfur; and
                    (F) the Sudan North-South Peace Agreement is fully 
                implemented and a new coalition government is created 
                under such Agreement;
            (6) the President should work with the African Union and 
        other international organizations and nations to establish 
        mechanisms for the enforcement of a no-fly zone in Darfur;
            (7) the African Union should extend its mandate in Darfur 
        to include the protection of civilians and proactive efforts to 
        prevent violence, and member states should support fully this 
        extension;
            (8) the President should accelerate assistance to the 
        African Union force in Darfur and discussions with the African 
        Union and the European Union and other supporters of the 
        African Union force on the needs of such force, including 
        assistance for housing, transportation, communications, 
        equipment, technical assistance such as training and command 
        and control assistance, and intelligence;
            (9) the President should appoint a Presidential Envoy for 
        Sudan--
                    (A) to support the implementation of the Sudan 
                North-South Peace Agreement;
                    (B) to seek ways to bring stability and peace to 
                Darfur;
                    (C) to address instability elsewhere in Sudan; and
                    (D) to seek a comprehensive peace throughout Sudan;
            (10) United States officials, including the President, the 
        Secretary of State, and the Secretary of Defense, should raise 
        the issue of Darfur in bilateral meetings with officials from 
        other members of the United Nations Security Council and 
        relevant countries, with the aim of passing a United Nations 
        Security Council resolution described in paragraph (2) and 
        mobilizing maximum support for political, financial, and 
        military efforts to stop the genocide in Darfur;
            (11) the Secretary of State should immediately engage in a 
        concerted, sustained campaign with other members of the United 
        Nations Security Council and relevant countries with the aim of 
        achieving the goals described in paragraph (10);
            (12) the United States fully supports the Sudan North-South 
        Peace Agreement and urges the rapid implementation of its 
        terms; and
            (13) the United States condemns attacks on humanitarian 
        workers and calls on all forces in Darfur, including forces of 
        the Government of Sudan, all militia, and forces of the Sudan 
        People's Liberation Army/Movement and the Justice and Equality 
        Movement, to refrain from such attacks.

SEC. 5. IMPOSITION OF SANCTIONS.

    (a) Freezing Assets.--At such time as the United States has access 
to the names of those named by the UN Commission, the President shall 
take such action as may be necessary to immediately freeze the funds 
and other assets belonging to anyone so named, their family members, 
and any associates of those so named to whom assets or property of 
those so named were transferred on or after June 11, 2004, including 
requiring that any United States financial institution holding such 
funds and assets promptly report those funds and assets to the Office 
of Foreign Assets Control.
    (b) Visa Ban.--Beginning at such times as the United States has 
access to the names of those named by the UN Commission, the President 
shall deny visas and entry to--
            (1) those named by the UN Commission;
            (2) the family members of those named by the UN Commission; 
        and
            (3) anyone the President determines has been, is, or may be 
        planning, carrying out, responsible for, or otherwise involved 
        in crimes against humanity, war crimes, or genocide in Darfur, 
        Sudan.
    (c) Asset Reporting Requirement.--Not later than 14 days after a 
decision to freeze the property or assets of, or deny a visa or entry 
to, any person under this section, the President shall report the name 
of such person to the appropriate congressional committees.
    (d) Notification of Waivers of Sanctions.--Not later than 30 days 
before waiving the provisions of any sanctions currently in force with 
regard to Sudan, the President shall submit to the appropriate 
congressional committees a report describing the waiver and the reasons 
therefor.

SEC. 6. REPORTS TO CONGRESS.

    (a) Reports on Stabilization in Sudan.--
            (1) Initial report.--Not later than 30 days after the date 
        of enactment of this Act, the Secretary of State, in 
        conjunction with the Secretary of Defense, shall report to the 
        appropriate congressional committees on efforts to deploy an 
        African Union force in Darfur, the capacity of such force to 
        stabilize Darfur and protect civilians, the needs of such force 
        to succeed at such mission including housing, transportation, 
        communications, equipment, technical assistance, including 
        training and command and control, and intelligence, current 
        status of United States and other assistance to the African 
        Union force, and additional United States assistance needed.
            (2) Subsequent reports.--The Secretary of State, in 
        conjunction with the Secretary of Defense, shall submit not 
        less than every 60 days until such time as the President 
        certifies that the situation in Darfur is stable and that 
        civilians are no longer in danger and that the African Union is 
        no longer needed to prevent a resumption of violence and 
        attacks against civilians.
    (b) Report on Those Named by the UN Commission.--At such time as 
the United States has access to the names of those named by the UN 
Commission, the President shall submit to the appropriate congressional 
committees a report listing such names.
    (c) Reports on Accountability.--
            (1) In general.--No later than 30 days after the date of 
        enactment of this Act and every 30 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report on the status of efforts in the United 
        Nations Security Council to ensure prompt prosecution and 
        adjudication of those named by the UN Commission in a competent 
        international court of justice.
            (2) Content.--The reports required under paragraph (1) 
        shall describe--
                    (A) the status of any relevant resolution 
                introduced in the United Nations Security Council;
                    (B) the policy of the United States with regard to 
                such resolutions;
                    (C) the status of all possible venues for 
                prosecution and adjudication of those named by the UN 
                Commission, including whether such venues have the 
                jurisdiction, personnel and assets necessary to 
                promptly prosecute and adjudicate cases involving such 
                persons; and
                    (D) any ongoing or planned United States or other 
                assistance related to the prosecution and adjudication 
                of cases involving those named by the UN Commission.
                                 <all>