Short title

This Act may be cited as the

Zimbabwe Transition to Democracy and Economic Recovery Act of 2010.

Definitions

In this Act: (1)

Appropriate congressional committees

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

International financial institutions

The term international financial institutions means the multilateral development banks and the International Monetary Fund. (3)

Multilateral development banks

The term multilateral development banks means— (A)the International Bank for Reconstruction and Development; (B)the International Development Association; (C)the International Finance Corporation; (D)the Inter-American Development Bank; (E)the Asian Development Bank; (F)the Inter-American Investment Corporation; (G)the African Development Bank; (H)the African Development Fund; (I)the European Bank for Reconstruction and Development; and (J)the Multilateral Investment Guarantee Agency.

Findings

Congress makes the following findings: (1)In the last decade, Robert Mugabe and his government presided over the collapse of Zimbabwe’s economy and a dramatic decline in the living conditions of the people of Zimbabwe, while employing violent tactics to maintain power. (2)Through economic mismanagement and undemocratic practices over the past decade, the Government of Zimbabwe rendered itself ineligible to receive new loans, credits, or guarantees from most international financial institutions, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy and which would have benefitted the people of Zimbabwe. (3)In September 2008, after months of political violence against opposition members and their supporters following disputed national elections, Robert Mugabe’s party, the Zimbabwean African National Union-Patriotic Front (ZANU–PF), signed a Global Political Agreement (GPA) with both factions of the opposition Movement for Democratic Change (MDC), respectively led by Morgan Tsvangirai and Arthur Mutambara, to form a transitional government, which was inaugurated in February 2009. (4)In the GPA, which has been enshrined in the constitution of Zimbabwe and guaranteed by the Southern African Development Community (SADC) and the African Union (AU), the parties declared their commitment to work together to create a genuine, viable, permanent, sustainable, and nationally acceptable solution to the Zimbabwe situation and in particular to implement the following agreement with the aims of resolving once and for all the current political and economic situations and charting a new political direction for the country. (5)Under the direction of the new Prime Minister, Morgan Tsvangirai, and Minister of Finance, Tendai Biti, both from the MDC, the transitional government in Zimbabwe has initiated a series of critical economic reforms, putting a stop to some of the quasi-fiscal activities of the previous administration, resuming salary payments to civil servants, and directing limited budget resources toward critical social protection services and infrastructure repairs. (6)While reform-minded members of the new coalition government have made some progress in initiating reforms in the economic sector, the agreement has yet to be fully implemented, and political and human rights abuses continue, in contravention of the Global Political Agreement signed by the parties. (7)As of the date of the enactment of this Act, state security forces remain largely under the control of ZANU–PF and continue to harass MDC supporters and civic activists in Zimbabwe, to force illegal and often violent seizures of private land and property, and to exert extrajudicial control of diamond fields in the Marange district of eastern Zimbabwe. (8)The continued disrespect for the rule of law and property rights in Zimbabwe deters much needed private investment in the country. (9)The formation of the transitional government has brought changes to the political landscape in Zimbabwe and created new opportunities for the United States and others to help advance real reform and recovery by engaging with those in the government who share those goals, while continuing to put targeted pressure on those who are undermining the rule of law.

Statement of policy

It is the policy of the United States to support the people of Zimbabwe in their struggle to affect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law, including through— (1)the continued provision of humanitarian assistance to meet the urgent needs of the people of Zimbabwe; (2)increased resources through non-governmental entities to provide assistance to the critical agriculture, economic, education, and health sectors; (3)the promotion of trade by United States companies with Zimbabwe to stimulate the country’s economic growth and support the livelihoods of its people; (4)engagement and close consultation with regional governments and organizations, international financial institutions, and other donors to push for the full implementation of the Global Political Agreement and provide targeted support for fundamental reforms in Zimbabwe; (5)continued support for and engagement with civil society organizations in their efforts to promote the rule of law and respect for human rights in Zimbabwe, including through their contributions to the development of a new democratic constitution; (6)technical assistance to those within the transitional government in Zimbabwe who demonstrate commitment to fundamental reforms in line with the Global Political Agreement; (7)the continuation of the ban on the transfer of defense items and services and the suspension of direct monetary assistance to the Government of Zimbabwe until there is greater progress toward restoring the rule of law, civilian control over security forces, and respect for human rights; and (8)the updating and renewal of targeted financial sanctions and travel bans against those found to be responsible for the deliberate breakdown of the rule of law, politically motivated violence, hindrance of democracy, and other ongoing illegal activities in Zimbabwe.

Technical assistance to the transitional government of Zimbabwe to support reforms

(a)

Authority

In accordance with section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346) and notwithstanding any other provision of law, the President is authorized to provide technical assistance to ministries of the transitional Government of Zimbabwe and to the Parliament of Zimbabwe to provide the expertise and support necessary to ensure progress on economic, political, and security sector reforms. (b)

Sense of Congress

It is the sense of Congress that— (1)the transitional Government of Zimbabwe should work to fully enact the economic, political, and security sector reforms envisaged under the Global Political Agreement; (2)the United States should continue to provide technical assistance to build the capacity of ministries and offices within the transitional Government of Zimbabwe that demonstrate a commitment to those reforms; (3)the Parliament of Zimbabwe should work to make the government in that country accountable and to hasten the pace of reform; and (4)the United States should continue to provide technical assistance as needed to the Parliament of Zimbabwe to support efforts to review, and as necessary, amend or repeal legislation that— (A)violates freedom of expression, assembly, or association; or (B)violates private property rights and deters much-needed private investment.

Support for land reform, agricultural development, and food security to lay the groundwork for economic recovery

(a)

Land reform

It is the sense of Congress that— (1)the absence of respect for property rights in Zimbabwe continues to hinder agricultural productivity and economic recovery; and (2)the United States should support credible efforts to conduct a comprehensive, transparent, and non-partisan land audit as a critical step toward establishing accountability and security of tenure. (b)

Food distribution and production

It is the sense of Congress that United States assistance to Zimbabwe should, to the extent possible given existing concerns about land tenure security— (1)support market-based mechanisms for the provision of credit and access to the inputs necessary for agricultural production and for the handling, marketing, storage, and processing of agricultural commodities; (2)encourage policies that provide incentives for agricultural production; and (3)support institutions that provide technical and financial support for the agriculture sector.

Amendment to the Zimbabwe Democracy and Economic Recovery Act of 2001 to respond to Zimbabwe's political transition

Section 4 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law No. 107–99; 115 Stat. 962) is amended to read as follows:

Support for democratic transition and economic recovery

(a)

Findings

Congress finds that the parties to the September 15, 2008, Global Political Agreement between the Zimbabwe African National Union-Patriotic Front (ZANU–PF) and the Movement for Democratic Change (MDC) committed themselves by law to work together to chart a new political direction for Zimbabwe, to prioritize the restoration of economic stability and growth, and to create conditions for the drafting of a new constitution that respects human rights and democratic principles. (b)

Sense of Congress

It is the sense of Congress that, in order for the United States to most effectively support a transition to democratic and economic recovery in Zimbabwe to the greatest effect, United States policy should, to the extent possible, reflect new political conditions and opportunities created by the Global Political Agreement. (c)

Debt relief

The Secretary of the Treasury, in consultation with the Secretary of State, shall gather information on the debt incurred by Zimbabwe held by international financial institutions and private financial institutions, and the feasibility and advisability of restructuring, rescheduling, or eliminating such debt in the future, including by using the resources of the International Monetary Fund, the International Bank for Reconstruction and Development, and other appropriate international financial institutions. (d)

Multilateral financing conditions

The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe unless the proposed extension meets the following conditions: (1)There are sufficient controls for transparency and international oversight of the use of relevant funds. (2)Relevant funds, in cases where the international financial institutions are providing direct funding to or through the Government of Zimbabwe, will not be administered through or in coordination with— (A)ministries that have not demonstrated a commitment to reform and responsible fiscal management; or (B)the Reserve Bank of Zimbabwe, unless there are sufficient guarantees and a pattern of evidence that governance problems within the Reserve Bank of Zimbabwe have been addressed such that relevant funds will not be redirected for extra-legal purposes. (3)Relevant funds will not be administered by or directly accessible to individuals or financial institutions sanctioned by the United States. (e)

Notification

(1)

In general

If the United States votes in favor of any loan, credit, or guarantee to the Government of Zimbabwe by an international financial institution, the Secretary of the Treasury, in coordination with the Secretary of State, shall notify the appropriate congressional committees within 30 days of such vote and provide appropriate information on such vote pertaining to the conditions in subsection (d). (2)

Appropriate congressional committees defined

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

Waiver

The President may waive the provisions in subsection (d) and (e) if the President determines that it is in the national interest of the United States to do so.

Amendment to the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2010 to update restrictions on United States assistance for the Government of Zimbabwe

Subsection 7070(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2010 (division F of Public Law 111–117; 123 Stat. 3388) is amended to read as follows: None of the funds appropriated by this Act may be made available for assistance for the central Government of Zimbabwe, except for macroeconomic growth, health, and education assistance, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property and freedom of speech and association.

Actions to stop illegal diamond flows

(a)

Findings

Congress makes the following findings: (1)According to credible human rights organizations, the armed forces of Zimbabwe continue to exert control over diamond mines in the Marange district of eastern Zimbabwe, and have committed horrific abuses against miners and local residents, including extrajudicial killings, beatings, and torture. (2)A review mission of the Kimberley Process traveled to Zimbabwe from June 30 to July 4, 2009, and documented extensive smuggling of diamonds and abuses against civilians by the police and army forces of the Government of Zimbabwe. The review mission reportedly found there to be credible indications of significant non-compliance by the Government of Zimbabwe with the minimum standards of the Kimberley Process. (3)On December 11, 2009, the United States Senior Advisor to the Permanent Representative of the United States to the 64th Session of the General Assembly stated that the United States has serious concerns about Zimbabwe’s non-compliance with the minimum requirements of the Kimberley Process, particularly relating to smuggling and grave violence in and around the Marange diamond fields. (4)The army and police forces of the Government of Zimbabwe continue to serve primarily as instruments of ZANU–PF, and their illegal activities involving diamonds continue to fuel the efforts of ZANU–PF to undermine democratic processes and institutions. (b)

Sense of Congress

In order to promote respect for the rule of law and to prevent further human rights violations by state security forces in Zimbabwe, it is the sense of Congress that, until the Secretary of State can certify that Zimbabwe is in full compliance with the Kimberley Process, the President should— (1)press for Zimbabwe to be suspended from the Kimberley Process diamond certification scheme; (2)work with Zimbabwe’s neighbors as well as with regional organizations to help stop the flow of diamonds mined in Zimbabwe from crossing their shared border; and (3)seek to identify and prepare sanctions pursuant to Executive Order 13391 on individuals and entities funding efforts to undermine democratic processes and institutions in Zimbabwe through illegal activities involving diamonds.

10.

Updating and tightening of United States targeted sanctions relating to Zimbabwe

It is the sense of Congress that the Secretary of the Treasury, in close consultation with the Secretary of State and other relevant officials of the United States Government, should regularly review and update targeted sanctions related to Zimbabwe, giving particular attention to— (1)the ways in which certain entities directly support or fund activities in Zimbabwe that undermine democratic processes and institutions; (2)the role and functions of certain entities in activities critical to economic recovery in Zimbabwe; and (3)how sanctions could be strengthened against those entities that continue to directly support or fund activities that are undermining democratic processes and institutions in Zimbabwe.

11.

Preparations to support efforts to prevent future election violence and abuses

It is the sense of Congress that the United States Government should begin engaging with international partners and regional governments to develop a coordinated strategy to prepare for future elections in Zimbabwe, particularly to help reduce the risk of violence and other abuses related to such elections.

12.

Briefing to Congress

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, the Secretary of State, and the Administrator of the United States Agency for International Development shall provide the appropriate congressional committees a briefing on efforts made pursuant to this Act. (b)

Content

The briefing required by subsection (a) shall include the following: (1)A description of what technical assistance has been provided by the United States and by international financial institutions to ministries of the transitional Government of Zimbabwe and to the Parliament of Zimbabwe, an assessment of how that assistance has contributed to demonstrable progress on economic and political reforms, and recommendations for any additional changes in United States law or policy that are needed to strengthen the opportunity for democratic and economic reforms in Zimbabwe to succeed. (2)A description of steps taken pursuant to section 9 to investigate and address the connection between illegal activities involving diamonds and efforts to undermine democratic processes and institutions in Zimbabwe. (3)A description of efforts made pursuant to section 10 and any changes resulting from the review and updating of United States targeted sanctions relating to Zimbabwe. (4)A description of efforts made pursuant to section 11 and progress made toward developing a coordinated strategy to prepare for future elections in Zimbabwe.

Short title

This Act may be cited as the

Zimbabwe Transition to Democracy and Economic Recovery Act of 2010.

Definitions

In this Act: (1)

Appropriate congressional committees

International financial institutions

The term international financial institutions means the multilateral development banks and the International Monetary Fund. (3)

Multilateral development banks

The term multilateral development banks has the meaning given that term in section 1307 of the International Financial Institutions Act (22 U.S.C. 262m–7).

Findings

Congress makes the following findings: (1)In the last decade, Robert Mugabe and his government presided over the collapse of Zimbabwe’s economy and a dramatic decline in the living conditions of the people of Zimbabwe, while employing violent tactics to maintain power. (2)Through economic mismanagement and undemocratic practices over the past decade, the Government of Zimbabwe rendered itself ineligible to receive new loans, credits, or guarantees from most international financial institutions, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy and which would have benefitted the people of Zimbabwe. (3)In September 2008, after months of political violence against opposition members and their supporters following disputed national elections, Robert Mugabe’s party, the Zimbabwean African National Union-Patriotic Front (ZANU-PF), signed a Global Political Agreement (GPA) with both factions of the opposition Movement for Democratic Change (MDC), respectively led by Morgan Tsvangirai and Arthur Mutambara, to form a transitional government, which was inaugurated in February 2009. (4)In the GPA, which has been enshrined in the constitution of Zimbabwe and guaranteed by the Southern African Development Community (SADC) and the African Union (AU), the parties declared their commitment to work together to create a genuine, viable, permanent, sustainable, and nationally acceptable solution to the Zimbabwe situation and in particular to implement the following agreement with the aims of resolving once and for all the current political and economic situations and charting a new political direction for the country. (5)Under the direction of the new Prime Minister, Morgan Tsvangirai, and Minister of Finance, Tendai Biti, both from the MDC, the transitional government in Zimbabwe has initiated a series of critical economic reforms, putting a stop to some of the quasi-fiscal activities of the previous administration, resuming salary payments to civil servants, and directing limited budget resources toward critical social protection services and infrastructure repairs. (6)While reform-minded members of the new coalition government have made some progress in initiating reforms in the economic sector, the agreement has yet to be fully implemented, and political and human rights abuses continue, in contravention of the Global Political Agreement signed by the parties. (7)As of the date of the enactment of this Act, state security forces remain largely under the control of ZANU-PF and continue to harass MDC supporters and civic activists in Zimbabwe, to force illegal and often violent seizures of private land and property, and to exert extrajudicial control of diamond fields in the Marange district of eastern Zimbabwe. (8)The continued disrespect for the rule of law and property rights in Zimbabwe deters much needed private investment in the country. (9)The formation of the transitional government has brought changes to the political landscape in Zimbabwe and created new opportunities for the United States and others to help advance real reform and recovery by engaging with those in the government who share those goals, while continuing to put targeted pressure on those who are undermining the rule of law.

Statement of policy

It is the policy of the United States to support the people of Zimbabwe in their struggle to affect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law, including through— (1)the continued provision of humanitarian assistance to meet the urgent needs of the people of Zimbabwe; (2)provide resources through non-governmental entities to assist the critical agriculture, economic, education, and health sectors; (3)the promotion of trade by United States companies with non-sanctioned individuals and entities in Zimbabwe to stimulate the country’s economic growth and support the livelihoods of its people; (4)engagement and close consultation with regional governments and organizations, international financial institutions, and other donors to push for the full implementation of the Global Political Agreement and provide targeted support for fundamental reforms in Zimbabwe; (5)continued support for and engagement with civil society organizations in their efforts to promote the rule of law and respect for human rights in Zimbabwe, including through their contributions to the development of a new democratic constitution; (6)technical assistance to those within the transitional government in Zimbabwe who demonstrate commitment to fundamental reforms in line with the Global Political Agreement; (7)the continuation of the ban on the transfer of defense items and services and the suspension of direct monetary assistance to the Government of Zimbabwe until there is greater progress toward restoring the rule of law, civilian control over security forces, and respect for human rights; and (8)the updating and renewal of targeted financial sanctions and travel bans against those found to be responsible for the deliberate breakdown of the rule of law, politically motivated violence, hindrance of democracy, and other ongoing illegal activities in Zimbabwe.

Technical assistance to the transitional government of Zimbabwe to support reforms

(a)

Authority

In accordance with section 531 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346) and notwithstanding any other provision of law, the President is authorized to provide technical assistance to ministries of the transitional government of Zimbabwe and to the Parliament of Zimbabwe to provide the expertise and support necessary to ensure progress on economic, political, and security sector reforms. (b)

Sense of Congress

It is the sense of Congress that— (1)the transitional Government of Zimbabwe should work to fully enact the economic, political, and security sector reforms envisaged under the Global Political Agreement; (2)the United States should continue to provide technical assistance to build the capacity of ministries and offices within the transitional government of Zimbabwe that demonstrate a commitment to those reforms; (3)the Parliament of Zimbabwe should work to make the government in that country accountable and to hasten the pace of reform; and (4)the United States should continue to provide technical assistance as needed to the Parliament of Zimbabwe to support efforts to review, and as necessary, amend or repeal legislation that violates democratic principles. (c)

Sunset

The authority under subsection (a) shall expire on September 30, 2014.

Support for land reform, agricultural development, and food security to lay the groundwork for economic recovery

(a)

Land reform

Food distribution and production

Amendment to the Zimbabwe Democracy and Economic Recovery Act of 2001 to respond to Zimbabwe's political transition

Section 4 of the Zimbabwe Democracy and Economic Recovery Act of 2001 (Public Law No. 107–99; 115 Stat. 962) is amended to read as follows:

Support for democratic transition and economic recovery

(a)

Findings

Congress finds that the parties to the September 15, 2008, Global Political Agreement between the Zimbabwe African National Union-Patriotic Front (ZANU-PF) and the Movement for Democratic Change (MDC) committed themselves by law to work together to chart a new political direction for Zimbabwe, to prioritize the restoration of economic stability and growth, and to create conditions for the drafting of a new constitution that respects human rights and democratic principles. (b)

Sense of Congress

Debt relief

The Secretary of the Treasury, in consultation with the Secretary of State, shall gather information on the debt incurred by Zimbabwe held by international financial institutions and private financial institutions, and the feasibility and advisability of restructuring, rescheduling, or eliminating such debt in the future if the Government of Zimbabwe makes significant progress toward restoring the rule of law and enacting democratic reforms. (d)

Multilateral financing conditions

Notification

(1)

In general

Appropriate congressional committees defined

Waiver

The President may waive the provisions in subsection (d) and (e) if the President determines that it is in the national interest of the United States to do so.

Amendment to the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2010 to update restrictions on United States assistance for the Government of Zimbabwe

Subsection 7070(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2010 (division F of Public Law 111–117; 123 Stat. 3388) is amended to read as follows: None of the funds appropriated by this Act may be made available for assistance for the central government of Zimbabwe, except for macroeconomic growth, health, and education assistance, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property and freedom of speech and association.

Actions to stop illegal diamond flows

(a)

Findings

Congress makes the following findings: (1)According to credible human rights organizations, the armed forces of Zimbabwe continue to exert control over diamond mines in the Marange district of eastern Zimbabwe, and have committed horrific abuses against miners and local residents, including extrajudicial killings, beatings, and torture. (2)A review mission of the Kimberley Process traveled to Zimbabwe from June 30 to July 4, 2009, and documented extensive smuggling of diamonds and abuses against civilians by the police and army forces of the Government of Zimbabwe. The review mission reportedly found there to be credible indications of significant non-compliance by the Government of Zimbabwe with the minimum standards of the Kimberley Process. (3)On December 11, 2009, the United States Senior Advisor to the Permanent Representative of the United States to the 64th Session of the General Assembly stated that the United States has serious concerns about Zimbabwe’s non-compliance with the minimum requirements of the Kimberley Process, particularly relating to smuggling and grave violence in and around the Marange diamond fields. (4)The army and police forces of the Government of Zimbabwe continue to serve primarily as instruments of ZANU-PF, and their illegal activities involving diamonds continue to fuel the efforts of ZANU-PF to undermine democratic processes and institutions. (b)

Sense of Congress

In order to promote respect for the rule of law and to prevent further human rights violations by state security forces in Zimbabwe, it is the sense of Congress that, until the Secretary of State can certify that Zimbabwe is in full compliance with the Kimberley Process, the President should— (1)press for Zimbabwe to be suspended from the Kimberley Process diamond certification scheme; (2)work with Zimbabwe’s neighbors as well as with regional organizations to help stop the flow of illegal diamonds mined in Zimbabwe from crossing their shared border; and (3)seek to identify and prepare sanctions pursuant to Executive Order 13391 on individuals and entities funding efforts to undermine democratic processes and institutions in Zimbabwe through illegal activities involving diamonds.

10.

Updating and tightening of United States targeted sanctions relating to Zimbabwe

11.

Preparations to support efforts to prevent future election violence and abuses

12.

Briefing to Congress

(a)

In general

Content

The briefing required by subsection (a) shall include the following: (1)A description of what technical assistance has been provided by the United States and by international financial institutions to ministries of the transitional government of Zimbabwe and to the Parliament of Zimbabwe, an assessment of how that assistance has contributed to demonstrable progress on economic and political reforms, and recommendations for any additional changes in United States law or policy that are needed to strengthen the opportunity for democratic and economic reforms in Zimbabwe to succeed. (2)A description of steps taken pursuant to section 9 to investigate and address the connection between illegal activities involving diamonds and efforts to undermine democratic processes and institutions in Zimbabwe. (3)A description of efforts made pursuant to section 10 and any changes resulting from the review and updating of United States targeted sanctions relating to Zimbabwe. (4)A description of efforts made pursuant to section 11 and progress made toward developing a coordinated strategy to prepare for future elections in Zimbabwe.

December 15, 2010

Reported with an amendment