Short title

This Act may be cited as the

Sudan Disclosure and Enforcement Act of 2007

Findings

Congress finds the following: (1)On July 22, 2004, the Senate passed Senate Concurrent Resolution 133, 108th Congress, and the House of Representatives passed House Concurrent Resolution 467, 108th Congress, both resolutions declaring that the atrocities unfolding in Darfur, Sudan, are genocide. (2)On September 9, 2004, President Bush declared that we have concluded that genocide has taken place in Darfur. (3)On June 30, 2005, President Bush affirmed that the violence in Darfur region is clearly genocide [and t]he human cost is beyond calculation. (4)On May 8, 2006, President Bush reaffirmed, We will call genocide by its rightful name, and we will stand up for the innocent until the peace of Darfur is secured.. (5)On November 20, 2006, the Presidential Special Envoy to Sudan, Andrew S. Natsios, stated in a briefing to members of the press, And there's a point—January 1st is either we see a change or we go to Plan B.. (6)On February 20, 2007, Special Envoy Natsios stated in an interview with the Council on Foreign Relations, We needed to send a message to the Sudanese government that we were no longer simply going to continue with the situation the way it’s been the last four years, that there was a change. We are considering more aggressive measures should we make no progress in the humanitarian area, in the political negotiations, and in the implementation of Kofi Annan and Ban Ki-moon’s plan to introduce . . . additional forces.. (7)On April 18, 2007, President Bush stated, “It is evil we are now seeing in Sudan—and we're not going to back down.”. (8)The Government of Sudan, as of the date of the introduction of this Act, has announced its willingness to accept 3,000 United Nations peacekeepers and their equipment, but has continued to obstruct the full-scale joint United Nations-African Union peacekeeping mission authorized under United Nations Security Council Resolution 1706 (2006) and to prevent sufficient humanitarian access to meet the urgent needs of the people of Darfur. (9)Congress supports the objectives of a Plan B as outlined in the press and elsewhere to increase pressure on the Government of Sudan to accept a greatly expanded peacekeeping mission with a mandate to protect the people of Darfur.

Sense of Congress

It is the sense of Congress that the President should— (1)continue to work with other members of the international community, including the Permanent Members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan to facilitate the urgent deployment of a peacekeeping force as called for by United Nations Security Council Resolution 1706 (2006); and (2)bring before the United Nations Security Council, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Government of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the implementation of a peacekeeping force as called for by Resolution 1706.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Appropriations, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B)the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. (2)

Person

The term person means an individual, partnership, corporation, or other entity, including a government or an agency of a government. (3)

Sudan

(A)

Sudan

The term Sudan means the Republic of Sudan and any territory under the administration or control of the Government of Sudan. (B)

Southern Sudan and designated areas

The term Southern Sudan and designated areas means Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, or Darfur.

Disclosure to the SEC of activities relating to the petroleum industry in Sudan

Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection:

(m)

Disclosure of activities relating to the petroleum industry in Sudan

(1)

In general

Not later than 90 days after the date of the enactment of this subsection, the Securities and Exchange Commission shall promulgate rules requiring any person described in paragraph (2) to disclose to the Securities and Exchange Commission— (A)activities described in paragraph (3) if such activities result in gross receipts to or total investments from such person of $1,000,000 or more a year; and (B)the geographic area within Sudan where such activities occurred, and specifically if such activities took place solely within Southern Sudan and designated areas. (2)

Person described

A person, as defined in paragraph (6)(C), is described in this paragraph if the person— (A)is an issuer of securities registered under section 12; and (B)either— (i)engages in or facilitates activities described in paragraph (3); or (ii)controls or is controlled by a person that engages in or facilitates activities described in paragraph (3). (3)

Activities described

An activity described in this paragraph is the exploration, development, extraction, processing, exportation, or sale of petroleum products produced in Sudan. (4)

Waiver

The President may waive the disclosure requirements described in paragraph (1) for periods not to exceed 1 year if the President— (A)determines that such a waiver is in the national interest of the United States; and (B)not later than 7 days before granting the waiver, reports to the appropriate congressional committees regarding the intention of the President to waive the disclosure requirements described in paragraph (1) and the reasons the waiver is in the national interest of the United States. (5)

Termination of disclosure requirements

The disclosure requirements described in paragraph (1) shall terminate if the Secretary of State— (A)determines that the Government of Sudan no longer provides support for acts of international terrorism for purposes of— (i)section 40 of the Arms Export Control Act (22 U.S.C. 2780); (ii)section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); and (iii)section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and (B)certifies to the appropriate congressional committees that the Government of Sudan has demonstrated significant improvement in protecting the civilian population of Darfur, such as by allowing a substantial United Nations-African Union peacekeeping mission with the mandate and means to protect civilians and allow for the safe return of persons displaced by the violence in Darfur. (6)

Definitions

In this subsection: (A)

Appropriate congressional committees

The term appropriate congressional committees means— (i)the Committee on Appropriations, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (ii)the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. (B)

Control

The term control means— (i)in the case of a corporation, to hold at least 50 percent (by vote or value) of the capital structure of the corporation; and (ii)in the case of any other entity, to hold interests representing at least 50 percent of the capital structure of the entity. (C)

Is controlled by

The term is controlled by means— (i)in the case of a corporation, to have at least 50 percent (by vote or value) of the capital structure of the corporation held by another person; and (ii)in the case of any other entity, to have interests representing at least 50 percent of the capital structure of the entity held by another person. (D)

Foreign person

The term foreign person means a person— (i)in the case of an individual, who is an alien; or (ii)in the case of a partnership, corporation, or other entity, that is organized under the laws of a foreign country or that has its principal place of business in a foreign country. (E)

Person

(i)

In general

The term person means an individual, partnership, corporation, or other entity, including a government or an agency of a government. (ii)

Exception

The term person does not include— (I)any person engaging solely in transactions or activities in Sudan that are authorized or exempted pursuant to the Sudanese Sanctions Regulations (part 538 of title 31, Code of Federal Regulations); (II)foreign nongovernmental organizations (except agencies of the Government of Sudan) that— (aa)have consultative status with the United Nations Economic and Social Council; or (bb)have been accredited by a department or specialized agency of the United Nations; or (III)a foreign person whose business activities in Sudan are strictly limited to providing goods and services that are— (aa)intended to relieve human suffering; (bb)intended to promote welfare, health, religious, or spiritual activities; (cc)used for educational or humanitarian purposes; (dd)used for journalistic activities; or (ee)used for such other purposes as the Secretary of State may determine serve the foreign policy interests of the United States. (F)

Sudan

(i)

Sudan

The term Sudan means the Republic of Sudan and any territory under the administration or control of the Government of Sudan. (ii)

Southern sudan and designated areas

The term Southern Sudan and designated areas means Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, or Darfur.

Increased Penalties for violations of IEEPA

(a)

In general

Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) is amended to read as follows:

206.

Penalties

(a)

Unlawful acts

It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this title. (b)

Civil penalty

A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (1)$250,000; or (2)an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. (c)

Criminal penalty

A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(b)

Effective date

The amendment made by subsection (a) applies to violations described in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) with respect to which enforcement action is pending or commenced on or after the date of the enactment of this Act.

Report on and public disclosure of activities in the petroleum industry of Sudan

(a)

Report on activities relating to the petroleum industry of Sudan

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, shall prepare and submit to the appropriate congressional committees a written report on the overall impact of economic sanctions on the Government of Sudan and the crisis in Darfur. (2)

Contents of report

The report required by paragraph (1) shall include— (A)the name of persons identified by the Office of Foreign Assets Control as specially designated nationals; and (B)the economic and political impact of sanctions on the Government of Sudan. (3)

Form of report

The report shall be submitted in unclassified form, but may contain a classified annex relating to the assessment under paragraph (2)(B). (b)

Briefing on report

Not later than 14 days after submitting the report required by subsection (a), the Secretary of the Treasury, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and representatives of the Securities and Exchange Commission shall brief the appropriate congressional committees on the contents of the report. (c)

Disclosure on SEC website

(1)

In general

Not later than 14 days after promulgating the rules required by section 13(m) of the Securities Exchange Act of 1934, as added by section 5, the Securities and Exchange Commission shall make available on its website, in an easily accessible and searchable format, the information collected pursuant to the disclosure requirements of such section 13(m), including— (A)the names of persons that made disclosures under such section 13(m); (B)the specific activities related to the petroleum industry of Sudan in which such persons engaged; and (C)the geographic area within Sudan where such activities occurred, and specifically if such activities took place solely within Southern Sudan and designated areas. (2)

Maintenance

The Securities and Exchange Commission shall maintain and update regularly the information on the website of the Commission under paragraph (1). (d)

Government procurement contracts

(1)

In general

Not later than 45 days after the submission of the report required by subsection (a), the Administrator of General Services shall determine whether the United States Government has in effect a contract for the procurement of goods or services with any person identified in the report required by subsection (a). (2)

Report

If the Administrator determines that the United States Government has in effect a contract for the procurement of goods or services with a person identified in the report required by subsection (a), the Administrator shall submit to the appropriate congressional committees a report— (A)naming each person identified in the report required by subsection (a); (B)the nature of the contract; and (C)the dollar amount of the contract.

Authorization of additional appropriations for OFAC

(a)

In general

There are authorized to be appropriated $2,000,000 to the Office of Foreign Assets Control for fiscal year 2008, to support intelligence gathering, licensing, compliance, and administrative activities associated with the enforcement of sanctions against Sudan and persons operating in Sudan. (b)

Supplement not supplant

Funds appropriated pursuant to the authority of subsection (a) shall be used to supplement and not supplant other amounts authorized to be appropriated for the Office of Foreign Assets Control.

Notification of termination of sanctions

(a)

In general

Not later than 15 days after the date on which any sanction described in subsection (b) is terminated, the President shall publish in the Federal Register notice that such sanction has been terminated. (b)

Sanctions described

A sanction described in this subsection is a sanction imposed pursuant to— (1)the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 note); (2)the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note); (3)the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note); (4)the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (5)chapter 5 of title 31, Code of Federal Regulations; or (6)any other provision of law, regulation, or executive order relating to Sudan.

10.

Repeal

Section 6305 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) is repealed.