[107th Congress Public Law 99]
[From the U.S. Government Printing Office]
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[DOCID: f:publ099.107]
[[Page 961]]
ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001
[[Page 115 STAT. 962]]
Public Law 107-99
107th Congress
An Act
To provide for a transition to democracy and to promote economic
recovery in Zimbabwe.
<<NOTE: Dec. 21, 2001 - [S. 494]>> Be it enacted by the Senate and
House of Representatives of the United States of America in
Congress <<NOTE: Zimbabwe Democracy and Economic Recovery Act of
2001. 22 USC 2151 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Democracy and Economic
Recovery Act of 2001''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to support the people of
Zimbabwe in their struggle to effect peaceful, democratic change,
achieve broad-based and equitable economic growth, and restore the rule
of law.
SEC. 3. DEFINITIONS.
In this Act:
(1) International financial institutions.--The term
``international financial institutions'' means the multilateral
development banks and the International Monetary Fund.
(2) Multilateral development banks.--The term ``multilateral
development banks'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African Development
Bank, the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment
Guaranty Agency.
SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
(a) Findings.--Congress makes the following findings:
(1) Through economic mismanagement, undemocratic practices,
and the costly deployment of troops to the Democratic Republic
of the Congo, the Government of Zimbabwe has rendered itself
ineligible to participate in International Bank for
Reconstruction and Development and International Monetary Fund
programs, which would otherwise be providing substantial
resources to assist in the recovery and modernization of
Zimbabwe's economy. The people of Zimbabwe have thus been denied
the economic and democratic benefits envisioned by the donors to
such programs, including the United States.
[[Page 115 STAT. 963]]
(2) In September 1999 the IMF suspended its support under a
``Stand By Arrangement'', approved the previous month, for
economic adjustment and reform in Zimbabwe.
(3) In October 1999, the International Development
Association (in this section referred to as the ``IDA'')
suspended all structural adjustment loans, credits, and
guarantees to the Government of Zimbabwe.
(4) In May 2000, the IDA suspended all other new lending to
the Government of Zimbabwe.
(5) In September 2000, the IDA suspended disbursement of
funds for ongoing projects under previously-approved loans,
credits, and guarantees to the Government of Zimbabwe.
(b) Support for Democratic Transition and Economic Recovery.--
(1) Bilateral debt relief.--Upon receipt by the appropriate
congressional committees of a certification described in
subsection (d), the Secretary of the Treasury shall undertake a
review of the feasibility of restructuring, rescheduling, or
eliminating the sovereign debt of Zimbabwe held by any agency of
the United States Government.
(2) Multilateral debt relief and other financial
assistance.--It is the sense of Congress that, upon receipt by
the appropriate congressional committees of a certification
described in subsection (d), the Secretary of the Treasury
should--
(A) direct the United States executive director of
each multilateral development bank to propose that the
bank should undertake a review of the feasibility of
restructuring, rescheduling, or eliminating the
sovereign debt of Zimbabwe held by that bank; and
(B) direct the United States executive director of
each international financial institution to which the
United States is a member to propose to undertake
financial and technical support for Zimbabwe, especially
support that is intended to promote Zimbabwe's economic
recovery and development, the stabilization of the
Zimbabwean dollar, and the viability of Zimbabwe's
democratic institutions.
(c) Multilateral Financing Restriction.--Until the President makes
the certification described in subsection (d), and except as may be
required to meet basic human needs or for good governance, the Secretary
of the Treasury shall instruct the United States executive director to
each international financial institution to oppose and vote against--
(1) any extension by the respective institution of any loan,
credit, or guarantee to the Government of Zimbabwe; or
(2) any cancellation or reduction of indebtedness owed by
the Government of Zimbabwe to the United States or any
international financial institution.
(d) Presidential Certification That Certain Conditions Are
Satisfied.--A certification under this subsection is a certification
transmitted to the appropriate congressional committees of a
determination made by the President that the following conditions are
satisfied:
(1) Restoration of the rule of law.--The rule of law has
been restored in Zimbabwe, including respect for ownership and
title to property, freedom of speech and association, and an end
to the lawlessness, violence, and intimidation sponsored,
[[Page 115 STAT. 964]]
condoned, or tolerated by the Government of Zimbabwe, the ruling
party, and their supporters or entities.
(2) Election or pre-election conditions.--Either of the
following two conditions is satisfied:
(A) Presidential election.--Zimbabwe has held a
presidential election that is widely accepted as free
and fair by independent international monitors, and the
president-elect is free to assume the duties of the
office.
(B) Pre-election conditions.--In the event the
certification is made before the presidential election
takes place, the Government of Zimbabwe has sufficiently
improved the pre-election environment to a degree
consistent with accepted international standards for
security and freedom of movement and association.
(3) Commitment to equitable, legal, and transparent land
reform.--The Government of Zimbabwe has demonstrated a
commitment to an equitable, legal, and transparent land reform
program consistent with agreements reached at the International
Donors' Conference on Land Reform and Resettlement in Zimbabwe
held in Harare, Zimbabwe, in September 1998.
(4) Fulfillment of agreement ending war in democratic
republic of congo.--The Government of Zimbabwe is making a good
faith effort to fulfill the terms of the Lusaka, Zambia,
agreement on ending the war in the Democratic Republic of Congo.
(5) Military and national police subordinate to civilian
government.--The Zimbabwean Armed Forces, the National Police of
Zimbabwe, and other state security forces are responsible to and
serve the elected civilian government.
(e) Waiver.--The President may waive the provisions of subsection
(b)(1) or subsection (c), if the President determines that it is in the
national interest of the United States to do so.
SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND
INDEPENDENT MEDIA, AND THE RULE OF LAW.
(a) In General.--The President is authorized to provide assistance
under part I and chapter 4 of part II of the Foreign Assistance Act of
1961 to--
(1) support an independent and free press and electronic
media in Zimbabwe;
(2) support equitable, legal, and transparent mechanisms of
land reform in Zimbabwe, including the payment of costs related
to the acquisition of land and the resettlement of individuals,
consistent with the International Donors' Conference on Land
Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in
September 1998, or any subsequent agreement relating thereto;
and
(3) provide for democracy and governance programs in
Zimbabwe.
(b) Funding.--Of the funds authorized to be appropriated to carry
out part I and chapter 4 of part II of the Foreign Assistance Act of
1961 for fiscal year 2002--
(1) $20,000,000 is authorized to be available to provide the
assistance described in subsection (a)(2); and
(2) $6,000,000 is authorized to be available to provide the
assistance described in subsection (a)(3).
[[Page 115 STAT. 965]]
(c) Supersedes Other Laws.--The authority in this section supersedes
any other provision of law.
SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST
INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE
BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.
It is the sense of Congress that the President should begin
immediate consultation with the governments of European Union member
states, Canada, and other appropriate foreign countries on ways in which
to--
(1) identify and share information regarding individuals
responsible for the deliberate breakdown of the rule of law,
politically motivated violence, and intimidation in Zimbabwe;
(2) identify assets of those individuals held outside
Zimbabwe;
(3) implement travel and economic sanctions against those
individuals and their associates and families; and
(4) provide for the eventual removal or amendment of those
sanctions.
Approved December 21, 2001.
LEGISLATIVE HISTORY--S. 494:
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HOUSE REPORTS: No. 107-312, Pt. 1 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Aug. 1, considered and passed Senate.
Dec. 4, considered and passed House, amended.
Dec. 11, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Dec. 21, Presidential statement.
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