117 HR 6600 IH: Ethiopia Stabilization, Peace, and Democracy Act
U.S. House of Representatives
2022-02-04
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EN
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I
117th CONGRESS
2d Session
H. R. 6600
IN THE HOUSE OF REPRESENTATIVES
February 4, 2022
Mr. Malinowski (for himself, Mrs. Kim of California, Mr. Meeks, and Mr. McCaul) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To support stabilization, peace, and democracy efforts in Ethiopia.
1.

Short title
This Act may be cited as the “Ethiopia Stabilization, Peace, and Democracy Act”.
2.

Statement of policy
It is the policy of the United States—
(1)
to support efforts to end the civil war and other conflicts in Ethiopia and gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities in Ethiopia;
(2)
to use all diplomatic, development, and legal tools to stabilize and end violence in Ethiopia;
(3)
to support efforts to hold accountable those who committed gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities in Ethiopia; and
(4)
to promote an inclusive national dialogue in order to bring about a peaceful, democratic, and unified Ethiopia.
3.

Strategy to support stabilization efforts, human rights, and democracy
(a)

In general
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, shall develop a strategy to support efforts to end the civil war and other conflicts in Ethiopia, pursue accountability for gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities in Ethiopia, and promote democracy, human rights, and reconciliation in Ethiopia.
(b)

Elements
The strategy required by subsection (a) shall include a plan to implement the strategy, including to—
(1)
advance diplomatic engagement with the United Nations, the African Union, the European Union, and other regional bodies, countries, and international partners;
(2)
address acute humanitarian needs, ensure unfettered humanitarian access to and support for vulnerable populations, including refugees, internally displaced persons, vulnerable populations, and individuals forcibly displaced by the civil war and other conflicts in Ethiopia;
(3)
identify and deter external material support provided to any parties to the conflict for the purposes of perpetuating or affecting the civil war and other conflicts in Ethiopia;
(4)
support justice and accountability for gross violations of internationally recognized human rights, crimes against humanity, genocide, war crimes, and atrocities committed in Ethiopia and to enhance rule of law;
(5)
ensure the safety and security of United States Embassy staff and United States citizens and legal permanent residents in Ethiopia, including contingency plans to evacuate, as needed, these individuals from Ethiopia;
(6)
combat hate speech and disinformation in Ethiopia, including efforts to coordinate with social media companies to mitigate the effects of social media content generated outside of the United States focused on perpetuating the civil war and other conflicts in Ethiopia, including through hate speech and language inciting violence;
(7)
meaningfully engage civil society of all ethnicities, including women and youth, in conflict resolution, inclusive dialogue, reconciliation, and community-based efforts to support peacebuilding and an end to violence in Ethiopia;
(8)
support conflict resolution and psychosocial rehabilitation for populations in Ethiopia affected by the civil war and other conflicts in Ethiopia, including an analysis of the drivers of the civil war and other conflicts in Ethiopia;
(9)
as appropriate, support efforts to restore medical and other health-related infrastructure that was damaged or destroyed during the course of the civil war in Ethiopia;
(10)
develop, communicate, and assess clearly defined benchmarks and metrics required to resume certain assistance in Ethiopia, including related to democracy and governance, economic growth, and development and an analysis of the drivers of the civil war and other conflicts in Ethiopia; and
(11)
address threats, due to ethnicity, religion, political or geographic affiliations, or affiliation with the United States, against Ethiopian citizens working for United States Government agencies in Ethiopia.
(c)

Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains the strategy required by subsection (a).
(d)

Report on progress towards accountability
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on progress towards holding individuals accountable for gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities.
4.

Actions in support of peace, stability, and accountability
(a)

Bilateral sanctions
(1)

In general
The President shall impose the sanctions described in paragraph (2) with respect to any foreign person that the President determines—
(A)
has undermined, attempted to undermine, or seeks to undermine efforts with respect to a cease-fire and negotiated settlement to end the civil war or other conflicts in Ethiopia;
(B)
is responsible for or complicit in actions or policies that expanded or extended the civil war or other conflicts in Ethiopia;
(C)
has committed gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, or other atrocities in Ethiopia;
(D)
has obstructed, delayed, or diverted, or seeks to obstruct, delay, or divert, the provision of humanitarian assistance for those affected by the civil war or other conflicts in Ethiopia;
(E)
has planned, directed, or committed attacks in Ethiopia against United Nations and African Union, humanitarian, or nongovernmental organization personnel; and
(F)
has—
(i)
knowingly engaged in or materially contributed to the civil war or other conflicts in Ethiopia;
(ii)
provided to any party involved in the civil war or other conflicts in Ethiopia conventional weapons that fall within the scope of conventional weapons under the United National Register of Conventional Arms; or
(iii)
provided to any party involved in the civil war or other conflicts in Ethiopia any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms, spare parts, and related materiel described in paragraph (1), utilized for the purposes of perpetuating and expanding the civil war or other conflicts in Ethiopia.
(2)

Sanctions described
The sanctions to be imposed under paragraph (1) with respect to a foreign person are the following:
(A)

Blocking of property
The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B)

Aliens inadmissible for visas, admission, or parole
(i)

Visas, admission, or parole
An alien described in paragraph (1) is—
(I)
inadmissible to the United States;
(II)
ineligible to receive a visa or other documentation to enter the United States; and
(III)
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii)

Current visas revoked
(I)

In general
The visa or other entry documentation of an alien described in paragraph (1) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
(II)

Immediate effect
A revocation under subclause (I) shall—
- (aa)
take effect immediately; and
- (bb)
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(3)

Exceptions
(A)

Exception relating to importation of goods
(i)

In general
The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(ii)

Good defined
In this subparagraph, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(B)

Exception to comply with agreements related to the official activities of certain international organizations and other international entities and law enforcement objectives
Sanctions under paragraph (2)(B) shall not apply to an alien if admitting the alien into the United States—
(i)
is necessary to permit the United States to comply with agreements between the United Nations and the United States, between the United States and certain other international organizations or entities, or other applicable international obligations of the United States, as identified by the Secretary of State, the Secretary of the Treasury, or the heads of other appropriate Federal departments and agencies; or
(ii)
would further important law enforcement objectives.
(4)

Implementation; penalties
(A)

Implementation
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subsection.
(B)

Penalties relating to blocking of property
A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection or any regulation, license, or order issued to carry out this subsection shall be subject to the penalties set forth 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 that section.
(C)

Termination
Sanctions imposed on a person under paragraph (2) shall not apply on or after the date that is 30 days after the Secretary of State determines and certifies to the appropriate committees that the person no longer engages in activities described in paragraph (1).
(D)

Suspension of sanctions
(i)

In general
The President may suspend in whole or in part the imposition of sanctions otherwise required under this subsection for periods not to exceed 90 days if the President determines that the parties to the civil war and other conflicts in Ethiopia have agreed to and are upholding a cease-fire and undergoing an inclusive political dialogue in Ethiopia.
(ii)

Notification required
Not later than 30 days after the date on which the President makes a determination to suspend the imposition of sanctions as described in clause (i), the President shall submit to the appropriate congressional committees a notification of the determination.
(iii)

Reimposition of sanctions
Any sanctions suspended under clause (i) shall be reimposed if the President determines that the criteria described in that clause are no longer being met.
(E)

Waiver
The President may waive the application of sanctions described in paragraph (2) with respect to a person described in paragraph (1) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States.
(F)

Exception to comply with national security
The following activities shall be exempt from sanctions under this subsection:
(i)
Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(ii)
Any authorized intelligence or law enforcement activities of the United States.
(5)

Definitions
In this subsection:
(A)

Admission; admitted; alien
The terms “admission”, “admitted”, and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(B)

Foreign person
The term “foreign person” means a person that is not a United States person.
(C)

Knowingly
The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(D)

United States person
The term “United States person” means—
(i)
a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or
(ii)
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.
(b)

Multilateral sanctions
The Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Commerce, as appropriate, should seek to engage with other member countries of the United Nations Security Council, other member countries of the North Atlantic Treaty Organization, the European Union, the African Union, and any other relevant actors to achieve a coordinated imposition of multilateral sanctions and export controls on persons described in subsection (a)(1).
(c)

Limitations on export of defense and dual-Use items
(1)

Dual-use items
The Secretary of Commerce, in coordination with the Secretary of State, shall determine whether licenses should be required under section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)) for the export, reexport, or in-country transfer to Ethiopia or Eritrea of items described in clause (ii) of that section.
(2)

Defense items
No license may be issued for the export to Ethiopia or Eritrea of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
5.

Limitation on security assistance
(a)

In general
Beginning on the date of the enactment of this Act, all amounts authorized to be appropriated or otherwise made available by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or chapter 16 of title 10, United States Code, and made available to provide assistance to Ethiopia’s security forces shall be suspended from obligation and expenditure until the date that is 30 days after the Secretary of State determines and certifies to the appropriate congressional committees that the conditions described in subsection (b) are met.
(b)

Conditions described
The conditions described in this subsection are the following:
(1)
The Government of Ethiopia has ceased all offensive military operations associated with the civil war and other conflicts in Ethiopia.
(2)
The Government of Ethiopia has taken steps toward negotiations and a legitimate, inclusive national dialogue.
(3)
The Government of Ethiopia has implemented measures to better protect human rights and ensure adherence to international humanitarian law.
(4)
The Government of Ethiopia has continuously allowed unfettered humanitarian access.
(5)
The Government of Ethiopia has cooperated with independent investigations of credible allegations of war crimes, crimes against humanity, and other human rights abuse carried out in the course of the civil war and other conflicts in Ethiopia.
(c)

Exception
The suspension of amounts under subsection (a) shall not include amounts authorized to be appropriated or otherwise made available for law enforcement, border security, including land, sea, and air ports of entry, or other activities conducted in coordination with the Government of Ethiopia that are in support of United States national security objectives.
(d)

Report
Not later than 15 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a comprehensive list of all assistance suspended in compliance with the limitation on assistance required by subsection (a) as of the date of the enactment of this Act.
(e)

Waiver
The President may, subject to congressional notification requirements under other applicable provisions of law, waive the limitation on assistance required by subsection (a), if the President—
(1)
determines that the waiver is in the national interest of the United States; and
(2)
submits to the appropriate congressional committees a notice of and justification for the waiver not later than 15 days after the exercise of the waiver, including an explanation as to why the waiver is in the national interest of the United States.
6.

Limitation on assistance provided through international financial institutions
(a)

Restrictions
The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution—
(1)
to use the voice and vote of the United States in the respective institution to oppose any loan or extension of financial or technical assistance to the Governments of Ethiopia and Eritrea; and
(2)
to work with other key donor countries to develop a coordinated policy with respect to lending to the Government of Ethiopia and the Government of the State of Eritrea aimed at advancing human rights and promoting peace.
(b)

Exception for humanitarian purposes
Paragraphs (1) and (2) of subsection (a) shall not apply with respect to any loan or financial or technical assistance provided for humanitarian purposes, including efforts to prevent, detect, and respond to the COVID–19 pandemic, or any other infectious disease threat that is declared by the World Health Organization to be a Public Health Emergency of International Concern.
(c)

Waiver for projects that directly support basic human needs
The Secretary of the Treasury may waive the application of subsection (a)(1) if the Secretary of the Treasury has submitted to the appropriate congressional committees a written determination, arrived at with the concurrence of the Secretary of State, that the waiver is being exercised to support projects that directly support basic human needs.
(d)

Termination
Subsection (a)(1) shall not apply on or after the date that is 30 days after the Secretary of State determines and certifies to the appropriate congressional committees that the Government of Ethiopia and the Government of the State of Eritrea have—
(1)
ceased all offensive military operations associated with the civil war and other conflicts in Ethiopia;
(2)
taken steps towards negotiations and an inclusive, legitimate national dialogue;
(3)
continuously allowed unfettered humanitarian access; and
(4)
cooperated with independent investigations of credible allegations of war crimes, crimes against humanity, and other human rights abuses carried out in the course of the civil war and other conflicts in Ethiopia.
(e)

Definition of international financial institution
In this section, the term “international financial institution” means the International Monetary Fund, International Bank for Reconstruction and Development, European Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank, Bank for Economic Cooperation and Development in the Middle East and North Africa, and Inter-American Investment Corporation.
7.

Limitation on support provided by United States International Development Finance Corporation
(a)

In general
The United States International Development Finance Corporation may not provide support under title II of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.) for projects in Ethiopia.
(b)

Termination
The prohibition under subsection (a) shall not apply on or after the date that is 30 days after the Secretary of State determines and certifies to the appropriate congressional committees that the Government of Ethiopia has—
(1)
ceased all offensive military operations related to the civil war and other conflicts in Ethiopia;
(2)
taken steps toward negotiations and a legitimate, inclusive political dialogue;
(3)
continuously allowed unfettered humanitarian access; and
(4)
cooperated with independent investigations of credible allegations of gross violations of internationally recognized human rights, war crimes, crimes against humanity, and genocide, carried out in the course of the civil war and other conflicts in Ethiopia.
(c)

Waiver
The President may waive the prohibition under subsection (a) if the President—
(1)
determines that it is in the United States national security interest; and
(2)
submits to the appropriate congressional committees a report on the use of the waiver not later than 15 days after the exercise of the waiver, including an explanation as to why the waiver is in the national interests of the United States.
8.

Support for accountability
(a)

In general
The President is authorized to provide financial, technical, and diplomatic support for efforts and activities necessary to preserve evidence of atrocities in Ethiopia and to pursue accountability for gross violations of internationally recognized human rights, war crimes, crimes against humanity, and genocide, as well as any violations of international humanitarian law, that have taken place in the course of the civil war and other conflicts in Ethiopia.
(b)

Provision of information
The President is authorized to share information possessed by the United States Government with organizations engaged in credible investigations meant to lead to the prosecution of any individual credibly accused of gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities in Ethiopia in accordance with this section.
9.

Report
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that—
(1)
describes the actions and involvement of senior officials of the Government of Ethiopia, the Government of Eritrea, the Tigrayan Peoples Liberation Front, and armed opposition groups or associated forces engaged in—
(A)
directing, carrying out, or ordering gross violations of internationally recognized human rights, war crimes, crimes against humanity, genocide, and other atrocities in Ethiopia; and
(B)
directing, carrying out, or ordering targeting of civilians, civilian infrastructure, medical facilities or the use or recruitment of children by armed groups or armed forces in Ethiopia;
(2)
describes the actions and involvement of any external actors, including in the People’s Republic of China, Iran, the United Arab Emirates, Russia, Egypt, Sudan, and Turkey, engaged in, facilitating, or financing the sale or transfers of arms or weapons to any party to the civil war or other conflicts in Ethiopia;
(3)
identifies foreign financial institutions in which senior officials described in paragraph (1) or external actors described in paragraph (2) hold significant assets, and provides an assessment of the value of such assets; and
(4)
identifies foreign financial institutions that knowingly facilitate or finance the sale or transfer of weapons, arms, or non-lethal equipment intended or altered by a third party for military use to any party to the civil war or other conflicts in Ethiopia.
(b)

Form
The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
10.

Determination of genocide, war crimes, or crimes against humanity
(a)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies represented on the Atrocity Early Warning Task Force and representatives of human rights organizations, shall submit to the appropriate congressional committees a determination whether actions in Ethiopia by the armed forces of Ethiopia, the armed forces of Eritrea, the Tigrayan Peoples Liberation Front, or associated forces or armed actors constitute genocide (as defined in section 1091 of title 18, United States Code), war crimes, or crimes against humanity.
(b)

Form
The determination required under subsection (a) shall be submitted in unclassified form and published on a publicly available website of the Department of State, but may include a classified annex if such annex is provided separately from the unclassified determination.
11.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2)

Gross violations of internationally recognized human rights
The term “gross violations of internationally recognized human rights” includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of persons.
12.

Sunset
This Act, and any sanctions imposed pursuant to this Act, shall cease to be effective beginning on the date that is 10 years after the date of the enactment of this Act.