1.Short title; table of
contents
(a)The Act may be cited as
the Sudan Peace, Security, and
Accountability Act of 2012
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Requirement of a comprehensive strategy to end serious
human rights violations and to create peace throughout Sudan.
Sec. 6. Sanctionable acts.
Sec. 7. Description of sanctions.
Sec. 8. Ineligibility for visas and admission to the United
States.
Sec. 9. Prohibition on all transactions in property, goods, and
technology.
Sec. 10. Expanding sanctions and other authorities in support
of peace in Sudan.
Sec. 11. Report.
Sec. 12. Termination of sanctions.
2.
(1)The terms admitted and alien have
the meanings given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2)Appropriate
congressional committeesThe term appropriate congressional
committees means—
(A)the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select Committee on Intelligence of the
Senate; and
(B)the Committee on
Financial Services, the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence of the House of
Representatives.
(3)The term financial institution has the
meaning given that term under section 5312(a)(2) of title 31, United States
Code.
(4)The term Government of Sudan means—
(A)the government in
Khartoum, Sudan, which is led by the National Congress Party; or
(B)any successor
government formed on or after the date of the enactment of this Act.
(5)The term military equipment means—
(A)weapons, arms,
supplies, or parts that readily may be used for military purposes, including
radar systems, aerial weapons, or military-grade transport vehicles; or
(B)supplies or
services sold or provided directly or indirectly to any person or government
participating, supporting, or assisting in armed conflict in Sudan.
(6)The
term person has the meaning given such term in section 2(9) of the
Sudan Accountability and Divestment Act of 2007 (50 U.S.C. 1701 note; Public
Law 110–174), including any board of directors or executives of such a
person.
(7)The
term support or supported means—
(A)any type of
material, financial, or logistical assistance; or
(B)in the case of the
Government of Sudan, failure to prevent or punish serious human rights
violations by a person in Sudan that is committing or assisting in the
commission of serious human rights violations.
(8)Serious
violations of human rightsThe term serious violations of
human rights includes the following:
(A)Genocide, as
described in section 1091 of title 18, United States Code.
(B)Torture, as such
term is defined in section 2340 of title 18, United States Code.
(C)War crimes, as
such term is defined in subsections (c) and (d) of section 2441 of title 18,
United States Code.
(D)Consistent
patterns of gross violations of internationally recognized human rights as
described in section 502b(a) of the Foreign Assistance Act of 1961.
(E)Persecution, as
interpreted by judicial and administrative case law in the application of
section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)).
(F)Acts or omissions described in the
President’s Proclamation 8697—Suspension of Entry as Immigrants and
Nonimmigrants of Persons Who Participate in Serious Human Rights and
Humanitarian Law Violations and Other Abuses
(Aug. 4, 2011).
3.
(a)Congress
makes the following findings:
(1)On October 21, 2002, the Sudan Peace
Act was enacted into law as Public Law 107–245.
(2)On July 22,
2004—
(A)the House of
Representatives adopted House Concurrent Resolution 467 by a vote of 422–0,
concluding that crimes in Darfur constituted genocide; and
(B)the Senate adopted
Senate Concurrent Resolution 1330 by unanimous consent and declared,
[T]he atrocities unfolding in Darfur, Sudan, are
genocide.
.
(3)On September 9,
2004, then-Secretary of State Colin Powell testified before the Committee on
Foreign Relations of the Senate that genocide has occurred and may still
be occurring in Darfur
and the Government of Sudan and the
Janjaweed bear responsibility
.
(4)On December 23, 2004, the
Comprehensive Peace in Sudan Act of 2004
was enacted into law as
Public Law 108–497.
(5)On October 13,
2006, the Darfur Peace and Accountability Act of 2006
was
enacted into law as Public Law 109–344.
(6)On April 27, 2007, the International
Criminal Court (ICC) issued arrest warrants for—
(A)former Sudanese Minister of the Interior
Ahmad Muhammad Harun, who currently serves as Governor of the Sudanese state of
South Kordofan, on 20 counts of crimes against humanity and 22 counts of war
crimes in Darfur; and
(B)Janjaweed Commander Ali Muhammad Ali
Abd-Al-Rahman (Ali Kushayb) on 22 counts of crimes against
humanity and 28 counts of war crimes.
(7)On December 31,
2007, the Sudan Accountability and Divestment Act of 2007
was
enacted into law as Public Law 110–174.
(8)In May 2008, the Government of Sudan
invaded Abyei and has since forcibly removed the Ngok Dinka population, despite
signing the Abyei Roadmap Agreement that called for arbitration to resolve the
boundary dispute.
(9)On March 4, 2009,
the ICC issued an arrest warrant for Omar al-Bashir, the sitting President of
Sudan, on two counts of war crimes and five counts of crimes against humanity
related to Darfur.
(10)On July 10, 2010,
the ICC issued a second arrest warrant for Omar al-Bashir, the sitting
President of Sudan, on three counts of genocide related to Darfur.
(11)On May 21, 2011, the Government of Sudan
invaded the disputed Abyei region which resulted in the displacement of more
than 113,000 civilians, almost all of whom were Ngok Dinka, and has not
withdrawn its forces despite entering into an agreement to do so.
(12)A United Nations
report, dated May 29, 2011, stated that the invasion of the Abyei region by the
Sudanese Armed Forces (SAF) could lead to ethnic cleansing.
(13)On June 5, 2011, fighting erupted in South
Kordofan, which included the aerial bombardment of civilian areas by the
Sudanese Air Force, resulting in the displacement of more than 200,000
civilians. On September 1, 2011, similar fighting broke out in Blue
Nile.
(14)In July 2011, the Government of Sudan
signed the Doha Document for Peace in Darfur with one rebel group, but the
agreement did not include other significant groups.
(15)Aerial bombardments in civilian areas of
South Kordofan and Blue Nile have severely impeded the ability of the
population to engage in normal agricultural activities, leading to the
potential for a massive famine affecting hundreds of thousands of people, and
has caused widespread displacement of civilians. Moreover, the Government of
Sudan has continually blocked humanitarian relief to vulnerable populations
devastated by its aerial bombardments. The Famine Early Warning Systems Network
warns that conditions in these two states are anticipated to reach emergency
levels by March 2012. This is one level short of famine.
(16)On August 15, 2011, the United Nations
Office of the High Commissioner for Human Rights released a preliminary report
stating that alleged violations of international law by Sudanese forces in the
South Kordofan region may constitute war crimes and crimes against
humanity
. Reported violations included extrajudicial killings,
arbitrary arrests and illegal detention, forced disappearances, aerial
bombardments and attacks against civilians, looting and destruction of civilian
homes and villages, massive displacement, attacks on churches, interference
with medical and humanitarian assistance, and allegations of targeted attacks
against ethnic and racial groups and the existence of mass graves.
(17)On March 1, 2012, the ICC issued an arrest
warrant against the current Sudanese Defense Minister Abdel Raheem Muhammad
Hussein for crimes against humanity and war crimes committed in Darfur from
August 2003 to March 2004.
(18)Recent offensive operations in South
Kordofan and Blue Nile by Sudanese Armed Forces have led to significant and
increasing flows of refugees to Ethiopia and South Sudan, and on November 10,
2011, reports by the United Nations indicated that aerial bombardment by the
Sudanese Armed Forces was used against a refugee camp in South Sudan. On
January 24, 2012, UNHCR again condemned an air raid carried out at a refugee
transit site located within South Sudan.
(19)Reports of cross
border ground attacks by Sudan into South Sudan, aerial bombardment inside
South Sudan and the increasing presence of Sudanese military forces close to
the border between Sudan and South Sudan are provocative acts that raise
tensions between the two countries, increasing the risk of a military conflict
and the aggravation of the humanitarian crisis.
(20)During 2011, the
United Nations documented that over half a million people had been displaced as
a result of violence in Darfur, South Kordofan, Blue Nile, and Abyei.
(21)There is sufficient evidence to conclude
that the Government of Sudan and persons controlled or supported by the
Government of Sudan are using military equipment to commit or assist in
committing serious human rights violations.
4.
(a)It shall be the policy of the United States to take urgent
action to—
(1)promote a genuinely comprehensive approach
to resolving all issues related to serious human rights violations and
political instability in Sudan, with the goal of encouraging a single,
comprehensive agreement that provides a framework for democratic reform and
lasting peace throughout all of Sudan, as well as a transparent, fair, and
all-inclusive constitutional process;
(2)identify actions to provide immediate
protection to noncombatants throughout Sudan who have been victims of serious
human rights violations or are vulnerable to becoming victims of serious human
rights violations, including—
(A)demanding that the
Government of Sudan permit free and unfettered access for international
humanitarian aid throughout Sudan, including throughout Darfur, South Kordofan,
Blue Nile, and Abyei, and absent such agreement, the United States should seek
other mechanisms to mitigate the effects of the lack of such humanitarian
aid;
(B)considering
options, including in consultation with key international and regional actors
described in paragraph (6), in which the United States could enforce the
existing United Nations-imposed ban on offensive military flights over Darfur,
as well as an extension of that ban to include South Kordofan, Blue Nile, and
Abyei;
(C)calling upon all
persons and governments to immediately cease all selling, leasing, loaning,
exporting, or otherwise transferring of military equipment to the Government of
Sudan or to any person controlled or supported by the Government of Sudan;
and
(D)urging the United
Nations Security Council to—
(i)ban
all sales, leases, loans, exports, or transfers of military equipment to the
Government of Sudan or any person controlled or supported by the Government of
Sudan;
(ii)expand the
existing ban on all military flights over Darfur provided for under paragraph 6
of United Nations Security Council Resolution 1591 (2005) to other areas of
Sudan where there are currently serious human rights violations occurring,
including in South Kordofan, Blue Nile, and Abyei; and
(iii)authorize a
peacekeeping force to any area of Sudan not currently served by such a force
and for which there is credible evidence of serious human rights
violations;
(3)promote free and
transparent democratic reform in Sudan, including exploring methods through
which the United States can provide technical support and funding to promote
democratic institutions, nongovernmental organizations, civil society, and
representative political participation in Sudan;
(4)hold persons and
governments accountable for committing or assisting in the commission of in
serious human rights violations, or for supporting or assisting those persons
and governments that commit or assist in the commission of human rights
violations, including—
(A)ensuring that all
sanctions in effect against the Government of Sudan are exercised against all
applicable Government of Sudan-controlled or supported persons and property,
bearing in mind that the Government of Sudan may have nominally transferred
certain state-controlled or supported persons and property to leaders within
the National Congress Party (NCP) while preserving Government of Sudan control
over or support of those persons and financial interests;
(B)expanding
sanctions to target the Government of Sudan and persons controlled or supported
by the Government of Sudan in the commission or assistance of serious human
rights violations througout Sudan, including in Darfur, South Kordofan, Blue
Nile, or Abyei;
(C)formulating and
enforcing sanctions against persons or governments outside of Sudan that
support or assist the Government of Sudan or persons controlled or supported by
the Government of Sudan in the commission or assistance of serious human rights
violations in Sudan;
(D)urging the United
Nations Security Council to—
(i)create a more
comprehensive, international set of sanctions against the Government of Sudan
and persons controlled or supported by the Government of Sudan that commit,
assist in, or otherwise support serious human rights violations in
Sudan;
(ii)expand the ICC’s
mandate beyond only Darfur to cover all of Sudan, including South Kordofan,
Blue Nile, and Abyei; and
(iii)adopt the broadest authority possible,
including the application of the United Nations’ Charter Chapter 7 powers, to
execute any ICC arrest warrants issued against any person in Sudan;
(E)encouraging
countries to cooperate in executing ICC arrest warrants related to allegations
of genocide, war crimes, and crimes against humanity in Sudan; and
(F)determining the
extent of serious human rights violations throughout Sudan, including in
Darfur, South Kordofan, Blue Nile, and Abyei, which may include sending an
assessment team to interview refugees in Ethiopia and South Sudan;
(5)ensure the
resolution of all outstanding issues between the Governments of Sudan and South
Sudan, including—
(A)enhancing
diplomacy with the African Union High Level Implementation Panel, the United
Nations, and other key international and regional actors described in paragraph
(6) that have significant influence or interests related to the region to
assist the Governments of Sudan and South Sudan to continue high level
engagement to resolve outstanding issues, including the final status of Abyei,
the disputed border areas, transitional financial arrangements, and outstanding
oil-related issues in order to address points of conflict and ensure a peaceful
relationship between the two countries; and
(B)insisting that the
Governments of Sudan and South Sudan respect the political independence and
territorial integrity of neighboring countries; and
(6)engage with key
international and regional actors, including the African Union, the United
Nations, the European Union, the League of Arab States, China, Russia,
Ethiopia, Qatar, Turkey, and other governments and persons that have
significant influence or interests related to Sudan, in order to achieve the
policies of this section and the overall goals of this Act.
5.Requirement of a
comprehensive strategy to end serious human rights violations and to create
peace throughout Sudan
(a)Requirement for
development and submission of comprehensive strategyNot later
than 180 days after the date of the enactment of this Act, the President shall
develop and transmit to the appropriate congressional committees a
comprehensive strategy in accordance with the statement of policy specified in
section 4.
(b)The strategy required under subsection (a) shall include
the following:
(1)The development of
an interagency framework to plan, coordinate, and review the diplomatic,
economic, intelligence, and military actions and capabilities of United States
policy regarding Sudan. The agencies involved shall include the
following:
(A)The Department of State and the United
States Agency for International Development (USAID), including the Special
Envoy for Sudan, the Bureau of Democracy, Human Rights, and Labor (DRL), the
Bureau of Conflict and Stabilization Operations, and USAID’s Bureau of
Democracy, Conflict, and Humanitarian Assistance.
(B)The Department of
Treasury, including the Office of Foreign Assets Control (OFAC).
(C)The Department of
Homeland Security.
(D)The Department of
Commerce, including the Bureau of Industry and Security (BIS).
(E)The Department of
Defense.
(F)The National
Security Council.
(G)The Office of the Director of National
Intelligence and the Central Intelligence Agency.
(2)A
description of the United States diplomatic, economic, intelligence, and
military actions and capabilities engaged, as of the date of the enactment of
this Act, with Sudan, including multilateral efforts.
(3)A review of governments and persons outside
of Sudan that provide diplomatic, economic, intelligence, and military support
or assistance to the Government of Sudan, including governments and persons
that facilitate the export of military equipment to Sudan.
(4)A list of governments and persons
identified in paragraph 3 that may be committing sanctionable acts (as defined
in section 6).
(5)A process for providing timely and regular
information to the President for the purpose of determining whether a
government or person may be committing sanctionable acts (as defined in section
6).
(6)An assessment of
the United States diplomatic, economic, intelligence, and military actions and
capabilities that reasonably may be utilized, strengthened, or improved to
further the objective of ending serious human rights violations in Sudan and of
promoting a nationwide, comprehensive peace and democratic reform strategy.
This assessment should include multilateral and bilateral efforts through the
United Nations, other governments and persons that have significant influence
or interests in Sudan, and humanitarian NGOs.
(c)The
strategy shall be submitted in unclassified form, but may include a classified
annex.
6.
(a)Providing
support or assistance in the commission of serious human rights violations in
SudanThe President shall
impose on any person or government at least two of the sanctions specified in
section 7 if the President determines and certifies to the appropriate
congressional committees that such person or government has supported or
assisted the Government of Sudan or any person controlled or supported by the
Government of Sudan in the commission, or assistance in the commission, of
serious human rights violations in Sudan, including by—
(1)selling, leasing,
loaning, exporting, or otherwise transferring military equipment to the
Government of Sudan or any person controlled or supported by the Government of
Sudan; or
(2)providing in any
12-month period any property, goods, technology, services, or other support in
the amount of $500,000 or more, or any combination of such items or support the
aggregate of which exceeds $500,000 in any such period, that directly and
significantly contributes to the Government of Sudan or any person controlled
or supported by the Government of Sudan to commit or assist in the commission
of serious human rights violations.
(b)Interfering with
humanitarian aidThe
President shall impose on any person or government at least two of the
sanctions specified in section 7 if the President determines and certifies to
the appropriate congressional committees that such person or government is
interfering or has interfered with the delivery of humanitarian aid to
Sudan.
(c)Impeding or
threatening peace and stability in SudanThe President shall
impose on any person or government at least two of the sanctions specified in
section 7 if the President determines and certifies to the appropriate
congressional committees that such person or government is impeding the peace
process or threatening the stability of any part of Sudan or the region.
(d)Failure To
execute ICC arrest warrants against government of Sudan officialsThe President shall impose on any person or
government at least two of the sanctions specified in section 7 if the
President determines and certifies to the appropriate congressional committees
that such person or government has failed to execute an International Criminal
Court arrest warrant against any Government of Sudan official if such person or
government—
(1)had the
jurisdictional authority to execute the warrant;
(2)had the
opportunity to execute the warrant; and
(3)failed to do so
without reasonable justification.
(e)Exception for
South SudanNo sanctions or other prohibitions described in this
Act shall be imposed on any government or person that is acting on behalf of
the Government of South Sudan in connection with—
(1)the shipment or
payment for oil from South Sudan; or
(2)the advancement of
peace between Sudan and South Sudan.
(f)Exception for
sales of humanitarian aid, including food, medicine, and medical
devicesNo sanctions or other
prohibitions described in this Act shall be imposed on any government or person
that is or has conducted or facilitated the provision or sale of humanitarian
aid, including food, medicine, or medical devices, to the Government of Sudan
or any person controlled or supported by the Government of Sudan.
7.
(a)The
sanctions referred to in section 6 are the following:
(1)The withdrawal,
limitation, or suspension of United States development assistance under part I
of the Foreign Assistance Act of 1961.
(2)Directing the Export-Import Bank of the
United States, the Overseas Private Investment Corporation, or the Trade and
Development Agency to not approve the issuance of any (or a specified number
of) guarantees, insurance, extensions of credit, or participation in an
extension of credit with respect to the person or government identified by the
President under section 6 of this Act.
(3)The withdrawal,
limitation, or suspension of United States security assistance under part II of
the Foreign Assistance Act of 1961.
(4)In accordance with section 701 of the
International Financial Institutions Act, directing the United States executive
director at international financial institutions referred to in such section to
oppose and vote against loans primarily benefitting the person or government
identified by the President under section 6 of this Act.
(5)Ordering the heads of the appropriate
United States departments and agencies not to issue any (or a specified number
of) specific licenses, and not to grant any other specific authority (or a
specified number of authorities), to export any goods or technology to the
person or government identified by the President under section 6 of this Act,
under—
(A)the Export
Administration Act of 1979 (as continued in effect by the International
Emergency Economic Powers Act);
(B)the Arms Export
Control Act;
(C)the Atomic Energy
Act of 1954; or
(D)any other statute
that requires the prior review and approval of the United States Government as
a condition for the export or re-export of goods or services.
(6)Prohibiting any United States financial
institution or person from making loans or providing credits totaling more than
$500,000 in any 12-month period to the person or government identified by the
President under section 6 of this Act.
(7)Prohibiting the United States Government
from procuring, or entering into any contract for the procurement of, any goods
or services from the person or government identified by the President under
section 6 of this Act.
(8)Downgrading, suspending, or canceling at
least one official, economic, cultural, or scientific visit, meeting, or
contact between any person or government within the jurisdiction of the United
States and the government identified by the President under section 6 of this
Act.
(b)Presidential
authority for additional sanctionsThe President may impose additional
sanctions not specified in subsection (a) pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any
person or government identified by the President under section 6 of this
Act.
(c)The President may waive the application of
section 6 of this Act with respect to any person or government identified by
the President under such section if the President determines that such a waiver
is in the national interests of the United States. At least 30 days before
granting such a waiver, the President shall provide the appropriate
congressional committees notice of, and a justification for, such
waiver.
8.Ineligibility for
visas and admission to the United States
(a)An alien is
ineligible to receive any visa to enter the United States if the President has
made a determination regarding the alien under section 6.
(b)The Secretary of State shall revoke,
including retroactively revoke if the alien has been admitted to the United
States, in accordance with section 221(i) of the Immigration and Nationality
Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien if the
President has made a determination regarding the alien under section 6 of this
Act.
(c)Inadmissibility
and removability
(1)An arriving alien may be charged under any
applicable provision of section 212 of the Immigration and Nationality Act if
the President has made a determination regarding the alien under section
6.
(2)An alien admitted to the United States may
be charged under any applicable provision of section 237 of the Immigration and
Nationality Act if the President has made a determination regarding the alien
under section 6.
(d)Certain family
members also ineligible for visas and admissionThe following
persons, if they are aliens, are subject to subsections (a) through (c) if the
President has made a determination under section 6 with respect to an
alien:
(1)The spouse of the
alien identified by the President under section 6.
(2)The natural,
adopted, or step- son or daughter of the alien so identified.
(3)The natural or
legal parents, step-parents, or guardians of the alien so identified.
(4)The natural or
legal grandparents or step-grandparents of the alien so identified.
(e)The Secretary of State may waive the application of
subsections (a), (b), and (d) if the Secretary determines that such a waiver is
in the national interests of the United States. At least 30 days before
granting such a waiver, the Secretary shall provide to the appropriate
congressional committees notice of, and a justification for, the waiver.
(f)Inadmissibility
and removal waiverThe Secretary of Homeland Security may waive
the application of subsections (c) and (d) if the Secretary determines that
such a waiver is in the national interests of the United States. At least 30
days before granting such a waiver, the Secretary shall provide to the
appropriate congressional committees notice of, and a justification for, the
waiver.
9.Prohibition on
all transactions in property, goods, and technology
(a)Prohibition of
property transactionsThe Secretary of the Treasury shall block
and prohibit all transactions in all property and interests in property,
including any goods or technology, of any person or government in the United
States, that come within the United States, or that are or come within the
possession or control of a person within the jurisdiction of the United States,
if a person or government—
(1)is designated by
the President under section 6; or
(2)acts as an agent
of or on behalf of a person or government designated by the President under
section 6 in a matter relating to the activity for which the person or
government was added to that list.
(b)Waiver for
national interestsThe Secretary of the Treasury may waive the
application of subsection (a) if the Secretary determines that such a waiver is
in the national interests of the United States. At least 30 days before
granting such a waiver, the Secretary shall provide to the appropriate
congressional committees notice of, and a justification for, the waiver.
(c)
(1)A
person or government that violates, attempts to violate, conspires to violate,
or causes a violation of this section or any regulation, license, or order
issued to carry out this section shall be subject to the penalties specified in
subsections (b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an
unlawful act described in subsection (a) of such section.
(2)Requirements for
financial institutions
(A)Not later than 120 days after the date of the enactment
of this Act, the Secretary of the Treasury shall prescribe regulations to
require each financial institution in the United States—
(i)to perform an
audit of the assets within the possession or control of the financial
institution to determine whether any of such assets are required to be frozen
pursuant to subsection (a); and
(ii)to submit to the
Secretary—
(I)a report
containing the results of the audit; and
(II)a certification
that, to the best of the knowledge of the financial institution, the financial
institution has frozen all assets within the possession or control of the
financial institution that are required to be so frozen.
(B)The
penalties provided for in sections 5321(a) and 5322 of title 31, United States
Code, shall apply to a financial institution that violates a regulation
prescribed under subparagraph (A) in the same manner and to the same extent as
such penalties would apply to any person that is otherwise subject to such
sections 5321(a) or 5322.
(d)The Secretary of the Treasury shall issue such
regulations, licenses, or orders as are necessary to carry out this
section.
10.Expanding sanctions
and other authorities in support of peace in Sudan
(a)Blocking of
assets and restriction on visas of certain individuals identified by the
PresidentSection 6(c) of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701
note) is amended—
(1)by striking
Darfur Peace and Accountability Act of 2006
each place it
appears and inserting Sudan Peace, Security, and Accountability Act of
2012
; and
(2)by striking
in Darfur
each place it appears and inserting in
Sudan
.
(b)Sanctions
against Janjaweed commanders and coordinators or other
individualsSection 5(c) of
the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C.
1701 note) is amended—
(1)by inserting
and as amended by section 10(a) of the Sudan Peace, Security, and
Accountability Act of 2012
after as added by subsection
(a)
; and
(2)by striking
in Darfur
and inserting in Sudan
.
(c)Additional
authorities To deter and suppress genocide in Sudan
(1)Section 6 of the Darfur Peace and Accountability Act of
2006 (Public Law 109–344; 50 U.S.C. 1701 note) is amended—
(A)in the section
heading, by striking genocide in darfur
and inserting
human rights violations in
sudan
;
(B)by striking
subsections (a) through (d); and
(C)by redesignating
subsections (e) and (f) as subsections (a) and (b), respectively.
(2)The table of
contents for such Act is amended by striking the item relating to section 6 and
inserting the following:
Sec. 6. Additional authorities to deter
and suppress human rights violations in
Sudan.
.
(d)Continuation of
restrictionsSection 7(a) of
the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C.
1701 note) is amended by striking the Government of Sudan is acting in
good faith to
and all that follows and inserting the Government
of Sudan has met the requirements described in paragraphs (1) through (10) of
section 12 of the Sudan Peace, Security, and Accountability Act of
2012
.
(e)The Sudan Peace
Act (Public Law 107–245; 50 U.S.C. 1701 note) is amended by striking section
8.
11.
(a)Not later than one year after the transmission of the
strategy required under section 5 and every 180 days thereafter, the President
shall prepare and transmit to the appropriate congressional committees a report
on the progress made toward the implementation of the strategy.
(b)The
report required under subsection (a) shall include—
(1)a description and evaluation of actions
taken toward the implementation of the comprehensive strategy required under
section 5;
(2)a description of efforts to identify any
person or government that has engaged in any action under section 6 that would
trigger the imposition of sanctions under section 7;
(3)a description of
efforts to renew engagement with key regional and international actors,
including the African Union, the United Nations, the European Union, the League
of Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other governments
and persons that have significant influence or interests related to Sudan on
the issue of sanctions with respect to Sudan;
(4)a description of
efforts taken and progress made to update and expand the sanctions regime to
target and include Government of Sudan and persons who have committed serious
human rights violations in Sudan;
(5)a description of efforts to work with the
African Union, the United Nations, the European Union, the League of Arab
States, China, Russia, Ethiopia, Qatar, Turkey, and other governments and
persons that have significant influence or interests related to Sudan to
develop a comprehensive approach to Sudan’s many conflicts and engage the
Government of Sudan in achieving a comprehensive agreement for democratic
reform; and
(6)a description of
efforts to ensure, and the degree of success in ensuring, free and unfettered
access and delivery of humanitarian aid to those individuals who need it,
protect civilians from attack, and the cessation of attacks on
noncombatants.
(c)The
report under subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
12.The imposition of
sanctions under sections 6 and 7 and the restrictions under sections 8 and 9
shall terminate on the date that is 30 days after the date on which the
President certifies to the appropriate congressional committees that the
Government of Sudan has—
(1)abided by all
United Nations Security Council Resolutions related to peace and humanitarian
issues in Sudan;
(2)permanently ceased
all attacks on noncombatants throughout Sudan;
(3)demobilized and
demilitarized any person controlled or supported by the Government of Sudan
which has committed or assisted in serious human rights violations;
(4)cooperated with
efforts to disarm, demobilize, and deny safe haven in Sudan to members of the
Lord’s Resistance Army;
(5)granted free and
unfettered access for delivery of humanitarian assistance;
(6)allowed for the
safe and voluntary return of refugees and internally displaced persons;
(7)provided genuine
accountability for persons who have committed or assisted in serious human
rights violations, including those persons with political or military command
authority;
(8)permitted free,
transparent, and all-inclusive democratic reform in Sudan, with a
constitutional process leading to free and fair elections having occurred or
scheduled to occur in a reasonable amount of time;
(9)complied in
substance and spirit with all peace agreements signed since 2006, including the
Darfur Peace Agreement (Abuja), the Doha Document for Peace in Darfur, all
existing agreements with South Sudan, and any future agreements that may be
reached to achieve the goals of this Act; and
(10)negotiated in
good faith for a resolution of all conflicts in Sudan.