[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3275 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3275

 To support a civilian-led democratic transition, peace, and stability 
                               in Sudan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2021

   Mr. Coons introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To support a civilian-led democratic transition, peace, and stability 
                               in Sudan.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sudan Democracy Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given such terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1001).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (3) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (4) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' has the meaning given such term in 
        section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2304(d)(1)).
            (5) International financial institutions.--The term 
        ``international financial institutions'' means--
                    (A) the International Monetary Fund;
                    (B) the International Bank for Reconstruction and 
                Development;
                    (C) the International Development Association;
                    (D) the International Finance Corporation;
                    (E) the Inter-American Development Bank;
                    (F) the Asian Development Bank;
                    (G) the Inter-American Investment Corporation;
                    (H) the African Development Bank;
                    (I) the African Development Fund;
                    (J) the European Bank for Reconstruction and 
                Development; and
                    (K) the Multilateral Investment Guaranty Agency.
            (6) Knowingly.--The term ``knowingly'' means, 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.
            (7) Security and intelligence services.--The term 
        ``security and intelligence services'' means--
                    (A) the Sudan Armed Forces;
                    (B) the Rapid Support Forces;
                    (C) the Popular Defense Forces;
                    (D) other Sudanese paramilitary units;
                    (E) Sudanese police forces; and
                    (F) the General Intelligence Service (previously 
                known as the National Intelligence and Security 
                Services).
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) 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
                    (B) 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.

SEC. 3. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) On November 17, 1958, Lieutenant General Ibrahim Abboud 
        of Sudan led the country's first coup after independence, and 
        the first successful coup in post-independence Africa.
            (2) There have been more than 200 coup attempts across 
        Africa since the 1958 coup in Sudan, including successful coups 
        in Sudan in 1969, 1985, 1989, and 2019.
            (3) On April 11, 2019, President Omar al Bashir of Sudan, 
        who came to power in a military coup in 1989, was overthrown 
        after months of popular protests by his own security chiefs, 
        who established a Transitional Military Council, led by 
        Lieutenant General Abdel Fattah al-Burhan, that ignored calls 
        from the Sudanese people to transfer power to civilians.
            (4) On August 17, 2019--
                    (A) the Transitional Military Council, under 
                domestic and international pressure, signed a power-
                sharing agreement with the Forces for Freedom and 
                Change, a broad coalition of political parties and 
                civic groups representing the protest movement that had 
                pushed for the end of the Bashir regime and a 
                transition to civilian rule; and
                    (B) a transitional government was formed that 
                allowed the junta leaders to remain in government in a 
                partnership with new civilian authorities nominated by 
                the Forces for Freedom and Change, including Prime 
                Minister Abdallah Hamdok, for a transitional period to 
                democracy.
            (5) On October 25, 2021, Lieutenant General Burhan, with 
        the support of Lieutenant Mohamed Hamdan Dagalo (also known as 
        ``Hemedti'')--
                    (A) seized control of the Government of Sudan;
                    (B) deployed the military to the streets of 
                Khartoum and Omdurman;
                    (C) shut down the internet in Sudan; and
                    (D) detained Prime Minister Hamdok and other 
                civilian officials.
            (6) The African Union Peace and Security Council has 
        condemned the military takeover, rejected the unconstitutional 
        change of government, and on October 27, 2021, suspended Sudan 
        from the Council until the civilian-led transitional government 
        is restored.
            (7) The Troika (the United States, United Kingdom, Norway), 
        the European Union, and Switzerland ``continue to recognize the 
        Prime Minister and his cabinet as the constitutional leaders of 
        the transitional government''.
            (8) The Sudanese people have condemned the military 
        takeover and launched a campaign of peaceful civil 
        disobedience, continuing the protests for democracy that began 
        in late 2018 and reflecting a historic tradition of non-
        violence protests led by previous generations in Sudan against 
        military regimes in 1964 and 1985.
            (9) In response to public calls for civilian rule since 
        October 25, 2021, Sudanese security forces have arbitrarily 
        detained civilians and used excessive and lethal force against 
        peaceful protesters that has resulted in civilian deaths across 
        the country.
            (10) The October 25, 2021 military takeover represents a 
        threat to--
                    (A) Sudan's economic recovery and stability;
                    (B) the bilateral relationship between Sudan and 
                the United States; and
                    (C) regional peace and security.
    (b) Statement of Policy.--It is the policy of the United States--
            (1) to support the democratic aspirations of the people of 
        Sudan and a political transition process that results in a 
        civilian government that is democratic, accountable, respects 
        the human rights of its citizens, and is at peace with itself 
        and with its neighbors;
            (2) to encourage the reform of the security sector of Sudan 
        to one that is protects citizens under a democracy and respects 
        civilian authority; and
            (3) to deter military coups and efforts by external parties 
        to support them.

SEC. 4. IMPOSITION OF SANCTIONS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to any person or entity that the 
President determines, on or after the date of enactment of this Act--
            (1) is responsible for, complicit in, or directly or 
        indirectly engaged or attempted to engage in--
                    (A) actions that undermine the transition to 
                democracy in Sudan, or, after elections, undermine 
                democratic processes or institutions;
                    (B) actions that threaten the peace, security, or 
                stability of Sudan;
                    (C) actions that prohibit, limit, or penalize the 
                exercise of freedom of expression or assembly by people 
                in Sudan, or limit access to print, online, or 
                broadcast media in Sudan;
                    (D) the arbitrary detention or torture of any 
                person in Sudan or other gross violations of 
                internationally recognized human rights in Sudan;
                    (E) significant efforts to impede investigations or 
                prosecutions of alleged serious human rights abuses in 
                Sudan;
                    (F) actions that result in the misappropriation of 
                significant state assets of Sudan or manipulation of 
                the currency, or that hinder government oversight of 
                parastatal budgets and revenues;
                    (G) actions that violate medical neutrality, 
                including blocking access to care and targeting first 
                responders, medical personnel, or medical institutions; 
                or
                    (H) disrupting access to communication technologies 
                and information on the internet;
            (2) is an entity owned or controlled by any person or 
        entity described in paragraph (1);
            (3) forms an entity for the purpose of evading sanctions 
        that would otherwise be imposed pursuant to subsection (b);
            (4) is acting for, or on behalf of, a person or entity 
        referred to in paragraph (1), (2), or (3);
            (5) is an entity that is owned or controlled (directly or 
        indirectly) by security and intelligence services, from which 1 
        or more persons or entities described in paragraph (1) derive 
        significant revenue or financial benefit; or
            (6) has knowingly--
                    (A) provided significant financial, material, or 
                technological support--
                            (i) to a foreign person or entity described 
                        in paragraph (1) in furtherance of any of the 
                        acts described in subparagraph (A) or (B) of 
                        such paragraph; or
                            (ii) to any entity owned or controlled by 
                        such person or entity or an immediate family 
                        member of such person; or
                    (B) received significant financial, material, or 
                technological support from a foreign person or entity 
                described in paragraph (1) or an entity owned or 
                controlled by such person or entity or an immediate 
                family member of such person.
    (b) Sanctions; Exceptions.--
            (1) Sanctions.--
                    (A) Asset blocking.--Notwithstanding section 202 of 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701), the exercise of all powers granted to the 
                President by such Act to the extent necessary to block 
                and prohibit all transactions in all property and 
                interests in property of a foreign person the President 
                determines meets 1 or more of the criteria described in 
                subsection (a) 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 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows, or has reason to believe, 
                        meets any of the criteria described in 
                        subsection (a)--
                                    (I) is inadmissible to the United 
                                States;
                                    (II) is ineligible to receive a 
                                visa or other documentation to enter 
                                the United States; and
                                    (III) is 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 issuing 
                                consular officer, the Secretary of 
                                State, or a designee of the Secretary 
                                of State, in accordance with section 
                                221(i) of the Immigration and 
                                Nationality Act (8 U.S.C. 1201(i)), 
                                shall revoke any visa or other entry 
                                documentation issued to an alien 
                                described in clause (i) regardless of 
                                when the visa or other entry 
                                documentation was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall 
                                take effect immediately and shall 
                                automatically cancel any other valid 
                                visa or entry documentation that is in 
                                the alien's possession.
            (2) Exception to comply with united nations headquarters 
        agreement.--Sanctions under paragraph (1)(B) shall not apply 
        with respect to an alien if admitting or paroling the alien 
        into the United States is necessary to permit the United States 
        to comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
            (3) Penalties.--Any person 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 subsection (b) 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 such section.
            (4) Implementation.--The President--
                    (A) 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 section; and
                    (B) shall issue such regulations, licenses, and 
                orders as may be necessary to carry out this section.
            (5) Exception to comply with national security.--Activities 
        subject to the reporting requirements under title V of the 
        National Security Act of 1947 (50 U.S.C. 3091 et seq.) and any 
        authorized intelligence or law enforcement activities of the 
        United States shall be exempt from sanctions under this 
        section.
    (c) Waiver.--The President may annually waive the application of 
sanctions imposed on a foreign person pursuant to subsection (a) if the 
President--
            (1) determines that such waiver with respect to such 
        foreign person is in the national interest of the United 
        States; and
            (2) not later than the date on which such waiver will take 
        effect, submits notice of, and justification for, such waiver 
        to--
                    (A) the appropriate congressional committees;
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    (C) the Committee on Financial Services of the 
                House of Representatives.
    (d) Sunset.--The requirement to impose sanctions under this section 
shall cease to be effective on December 31, 2026.
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