[109th Congress Public Law 344]
[From the U.S. Government Printing Office]
[DOCID: f:publ344.109]
[[Page 120 STAT. 1869]]
Public Law 109-344
109th Congress
An Act
To impose sanctions against individuals responsible for genocide, war
crimes, and crimes against humanity, to support measures for the
protection of civilians and humanitarian operations, and to support
peace efforts in the Darfur region of Sudan, and for other
purposes. <<NOTE: Oct. 13, 2006 - [H.R. 3127]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Darfur Peace and
Accountability Act of 2006. 50 USC 1701 note.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Darfur Peace and
Accountability Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.
SEC. 2. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.
In this Act:
(1) AMIS.--The term ``AMIS'' means the African Union Mission
in Sudan.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(3) Comprehensive peace agreement for sudan.--The term
``Comprehensive Peace Agreement for Sudan'' means the peace
agreement signed by the Government of Sudan and the SPLM/A in
Nairobi, Kenya, on January 9, 2005.
(4) Darfur peace agreement.--The term ``Darfur Peace
Agreement'' means the peace agreement signed by the Government
of Sudan and by Minni Minnawi, leader of the Sudan Liberation
Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006.
(5) Government of sudan.--The term ``Government of Sudan''--
(A) means--
(i) the government in Khartoum, Sudan, which
is led by the National Congress Party (formerly
known as the National Islamic Front); or
[[Page 120 STAT. 1870]]
(ii) any successor government formed on or
after the date of the enactment of this Act
(including the coalition National Unity Government
agreed upon in the Comprehensive Peace Agreement
for Sudan); and
(B) does not include the regional government of
Southern Sudan.
(6) Officials of the government of sudan.--The term
``official of the Government of Sudan'' does not include any
individual--
(A) who was not a member of such government before
July 1, 2005; or
(B) who is a member of the regional government of
Southern Sudan.
(7) SPLM/A.--The term ``SPLM/A'' means the Sudan People's
Liberation Movement/Army.
SEC. 3. <<NOTE: 50 USC 1701 note.>> FINDINGS.
Congress makes the following findings:
(1) On July 23, 2004, Congress declared, ``the atrocities
unfolding in Darfur, Sudan, are genocide''.
(2) On September 9, 2004, Secretary of State Colin L. Powell
stated before the Committee on Foreign Relations of the Senate,
``genocide has occurred and may still be occurring in Darfur'',
and ``the Government of Sudan and the Janjaweed bear
responsibility''.
(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed the
Secretary of State's finding and stated,``[a]t this hour, the
world is witnessing terrible suffering and horrible crimes in
the Darfur region of Sudan, crimes my government has concluded
are genocide''.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law, and establishing a
ban on the sale or supply of arms and related materiel of all
types, including the provision of related technical training or
assistance, to all nongovernmental entities and individuals,
including the Janjaweed.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564 (2004),
determining that the Government of Sudan had failed to meet its
obligations under Security Council Resolution 1556 (2004),
calling for a military flight ban in and over the Darfur region,
demanding the names of Janjaweed militiamen disarmed and
arrested for verification, establishing an International
Commission of Inquiry on Darfur to investigate violations of
international humanitarian and human rights laws, and
threatening sanctions should the Government of Sudan fail to
fully comply with Security Council Resolutions 1556 (2004) and
1564 (2004), including such actions as to affect Sudan's
petroleum sector or individual members of the Government of
Sudan.
(6) The Report of the International Commission of Inquiry on
Darfur, submitted to the United Nations Secretary-General on
January 25, 2005, established that the ``Government of
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the Sudan and the Janjaweed are responsible for serious
violations of international human rights and humanitarian law
amounting to crimes under international law,'' that ``these acts
were conducted on a widespread and systematic basis, and
therefore may amount to crimes against humanity,'' and that
officials of the Government of Sudan and other individuals may
have acted with ``genocidal intent''.
(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing the
United Nations Mission in Sudan (referred to in this section as
the ``UNMIS''), consisting of up to 10,000 military personnel
and 715 civilian police tasked with supporting the
implementation of the Comprehensive Peace Agreement for Sudan
and to ``closely and continuously liaise and coordinate at all
levels with the African Union Mission in Sudan (AMIS)'', which
had been established by the African Union on May 24, 2004, to
monitor the implementation of the N'Djamena Humanitarian
Ceasefire Agreement, signed on April 8, 2004, ``with a view
towards expeditiously reinforcing the effort to foster peace in
Darfur''.
(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution 1556
(2004) to all the parties to the N'Djamena Ceasefire Agreement
of April 8, 2004, and any other belligerents in the states of
North Darfur, South Darfur, and West Darfur, calling for an
asset freeze and travel ban against those individuals who impede
the peace process, constitute a threat to stability in Darfur
and the region, commit violations of international humanitarian
or human rights law or other atrocities, are responsible for
offensive military overflights, or violate the military embargo,
and establishing a Committee of the Security Council and a panel
of experts to assist in monitoring compliance with Security
Council Resolutions 1556 (2004) and 1591 (2005).
(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of the
International Criminal Court and calling on the Government of
Sudan and all parties to the conflict to cooperate fully with
the Court.
(10) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the SPLM/A
for the past 21 years, was killed in a tragic helicopter crash
in Southern Sudan, sparking riots in Khartoum and challenging
the commitment of all Sudanese to the Comprehensive Peace
Agreement for Sudan.
(11) On January 12, 2006, the African Union Peace and
Security Council issued a communique endorsing, in principle, a
transition from AMIS to a United Nations peacekeeping operation
and requested the Chairperson of the Council to initiate
consultations with the United Nations and other stakeholders
toward this end.
(12) On February 3, 2006, the United Nations Security
Council issued a Presidential Statement authorizing the
initiation of contingency planning for a transition from AMIS to
a United Nations peacekeeping operation.
[[Page 120 STAT. 1872]]
(13) On March 10, 2006, the African Union Peace and Security
Council extended the mandate of AMIS, which had reached a force
size of 7,000, to September 30, 2006, while simultaneously
endorsing the transition of AMIS to a United Nations
peacekeeping operation and setting April 30, 2006 as the
deadline for reaching an agreement to resolve the crisis in
Darfur.
(14) On March 24, 2006, the United Nations Security Council
passed Security Council Resolution 1663 (2006), which--
(A) welcomes the African Peace and Security
Council's March 10, 2006 communique; and
(B) requests that the United Nations Secretary-
General, jointly with the African Union and in
consultation with the parties to the Abuja Peace Talks,
expedite planning for the transition of AMIS to a United
Nations peacekeeping operation.
(15) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and ``additional forces with a NATO
overlay . . . to provide logistical and command-and-control and
airlift capacity, but also to send a clear signal to parties
involved that the west is determined to help effect a
settlement.''.
(16) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously
imposing targeted financial sanctions and travel restrictions on
4 individuals who had been identified as those who, among other
acts, ``impede the peace process, constitute a threat to
stability in Darfur and the region, commit violations of
international humanitarian or human rights law or other
atrocities'', including the Commander of the Western Military
Region for the armed forces of Sudan, the Paramount Chief of the
Jalul Tribe in North Darfur, the Commander of the Sudan
Liberation Army, and the Field Commander of the National
Movement for Reform and Development.
(17) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international
community, including the United States, the Government of Sudan
and the largest rebel faction in Darfur, the Sudan Liberation
Movement, led by Minni Minnawi, signed the Darfur Peace
Agreement, which addresses security, power sharing, and wealth
sharing issues between the parties.
(18) In August 2006, the Sudanese government began to amass
military forces and equipment in the Darfur region in
contravention of the Darfur Peace Agreement to which they are
signatories in what appears to be preliminary to full scale war.
(19) On August 30, 2006, the United Nations Security Council
passed Security Council Resolution 1706 (2006), without dissent
and with abstentions by China, Russian Federation, and Qatar,
thereby asserting that the existing United Nations Mission in
Sudan ``shall take over from AMIS responsibility for supporting
the implementation of the Darfur Peace Agreement upon the
expiration of AMIS' mandate but in any event no later than 31
December 2006'', and that UNMIS ``shall be strengthened by up to
17,300 military personnel . . . 3,300
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civilian police personnel and up to 16 Formed Police Units'',
which ``shall begin to be deployed [to Darfur] no later than 1
October 2006''.
(20) Between August 30 and September 3, 2006, President
Bashir and other senior members of his administration have
publicly rejected United Nations Security Council Resolution
1706 (2006), calling it illegal and a western invasion of his
country, despite the current presence of 10,000 United Nations
peacekeepers under the UNMIS peacekeeping force.
(21) Since 1993, the Secretary of State has determined,
pursuant to section 6(j) of the Export Administration Act of
1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the
government of which has repeatedly provided support for acts of
international terrorism, thereby restricting United States
assistance, defense exports and sales, and financial and other
transactions with the Government of Sudan.
SEC. 4. <<NOTE: 50 USC 1701 note.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias with
the complicity and support of the National Congress Party-led
faction of the Government of Sudan;
(2) all parties to the conflict in the Darfur region have
continued to violate the N'Djamena Ceasefire Agreement of April
8, 2004, and the Abuja Protocols of November 9, 2004, and
violence against civilians, humanitarian aid workers, and
personnel of AMIS is increasing;
(3) the African Union should immediately make all necessary
preparations for an orderly transition to a United Nations
peacekeeping operation, which will maintain an appropriate level
of African participation, with a mandate to protect civilians
and humanitarian operations, assist in the implementation of the
Darfur Peace Agreement, and deter violence in the Darfur region;
(4) the international community, including the United States
and the European Union, should immediately act to mobilize
sufficient political, military, and financial resources through
the United Nations and the North Atlantic Treaty Organization,
to support the transition of AMIS to a United Nations
peacekeeping operation with the size, strength, and capacity
necessary to protect civilians and humanitarian operations, to
assist with the implementation of the Darfur Peace Agreement,
and to end the continued violence in the Darfur region;
(5) if an expanded and reinforced AMIS or subsequent United
Nations peacekeeping operation fails to stop genocide in the
Darfur region, the international community should take
additional measures to prevent and suppress acts of genocide in
the Darfur region;
(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges of
membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks
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upon civilians, demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region;
(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations Security
Council and the panel of experts established pursuant to section
3(a) of Security Council Resolution 1591 (2005);
(8) the President should direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States to urge the adoption of a
resolution by the United Nations Security Council that--
(A) extends the military embargo established by
United Nations Security Resolutions 1556 (2004) and 1591
(2005) to include a total ban on the sale or supply of
offensive military equipment to the Government of Sudan,
except for use in an internationally recognized
demobilization program or for nonlethal assistance
necessary to carry out elements of the Comprehensive
Peace Agreement for Sudan or the Darfur Peace Agreement;
and
(B) calls upon those member states of the United
Nations that continue to undermine efforts to foster
peace in Sudan by providing military assistance to the
Government of Sudan, government supported militias, or
any rebel group operating in Darfur in violation of the
embargo on such assistance and equipment, as called for
in United Nations Security Council Resolutions 1556
(2004) and 1591 (2005), to immediately cease and desist.
(9) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan
and the Darfur Peace Agreement, the support of the regional
Government of Southern Sudan, the Transitional Darfur Regional
Authority, and marginalized areas in Northern Sudan (including
the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan
(Beja), Darfur, and Nubia), or for humanitarian purposes in
Sudan, until the Government of Sudan has honored pledges to
cease attacks upon civilians, demobilize and demilitarize the
Janjaweed and associated militias, grant free and unfettered
access for deliveries of humanitarian assistance in the Darfur
region, and allow for the safe and voluntary return of refugees
and internally displaced persons;
(10) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a student
loan forgiveness program for those individuals who commit to
return to Southern Sudan for a period of not less than 5 years
for the purpose of contributing professional skills needed for
the reconstruction of Southern Sudan;
(11) the Presidential Special Envoy for Sudan should be
provided with appropriate resources and a clear mandate to--
(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur
Peace Agreement;
(B) seek ways to bring stability and peace to the
Darfur region;
[[Page 120 STAT. 1875]]
(C) address instability elsewhere in Sudan, Chad,
and northern Uganda; and
(D) pursue a truly comprehensive peace throughout
the region;
(12) the international community should strongly condemn
attacks against humanitarian workers and African Union
personnel, and the forcible recruitment of refugees and
internally displaced persons from camps in Chad and Sudan, and
demand that all armed groups in the region, including the forces
of the Government of Sudan, the Janjaweed, associated militias,
the Sudan Liberation Movement/Army, the Justice and Equality
Movement, the National Movement for Reform and Development
(NMRD), and all other armed groups refrain from such activities;
(13) the United States should fully support the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement and urge rapid implementation of their terms;
(14) the May 5, 2006 signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation
Movement was a positive development in a situation that has seen
little political progress in 2 years and should be seized upon
by all sides to begin the arduous process of post-conflict
reconstruction, restitution, justice, and reconciliation; and
(15) the new leadership of the Sudan People's Liberation
Movement (referred to in this paragraph as ``SPLM'') should--
(A) seek to transform SPLM into an inclusive,
transparent, and democratic body;
(B) reaffirm the commitment of SPLM to--
(i) bring peace to Southern Sudan, the Darfur
region, and Eastern Sudan; and
(ii) eliminate safe haven for regional rebel
movements, such as the Lord's Resistance Army; and
(C) remain united in the face of efforts to
undermine SPLM.
SEC. 5. <<NOTE: 50 USC 1701 note.>> SANCTIONS IN SUPPORT OF PEACE IN
DARFUR.
(a) Blocking of Assets and Restriction on Visas.--Section 6 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is amended--
(1) in the heading of subsection (b), by inserting ``of
Appropriate Senior Officials of the Government of Sudan'' after
``Assets'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President.--
``(1) Blocking of assets.--Beginning <<NOTE: Effective
date.>> on the date that is 30 days after the date of the
enactment of the Darfur Peace and Accountability Act of 2006,
and in the interest of contributing to peace in Sudan, the
President shall, consistent with the authorities granted under
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block the assets of any individual who the President
determines is complicit in, or responsible for, acts of
genocide, war crimes, or crimes against humanity in Darfur,
including the family members
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or any associates of such individual to whom assets or property
of such individual was transferred on or after July 1, 2002.
``(2) Restriction on visas.--Beginning <<NOTE: Effective
date.>> on the date that is 30 days after the date of the
enactment of the Darfur Peace and Accountability Act of 2006,
and in the interest of contributing to peace in Sudan, the
President shall deny a visa and entry to any individual who the
President determines to be complicit in, or responsible for,
acts of genocide, war crimes, or crimes against humanity in
Darfur, including the family members or any associates of such
individual to whom assets or property of such individual was
transferred on or after July 1, 2002.''.
(b) Waiver.--Section 6(d) of the Comprehensive Peace in Sudan Act of
2004, as redesignated by subsection (a), is amended by adding at the end
the following: ``The President may waive the application of paragraph
(1) or (2) of subsection (c) with respect to any individual if the
President determines that such a waiver is in the national interests of
the United States and, before exercising the waiver, notifies the
appropriate congressional committees of the name of the individual and
the reasons for the waiver.''.
(c) Sanctions Against Janjaweed Commanders and Coordinators or Other
Individuals.--It is the sense of Congress, that the President should
immediately impose the sanctions described in section 6(c) of the
Comprehensive Peace in Sudan Act of 2004, as added by subsection (a),
against any individual, including the Janjaweed commanders and
coordinators, identified as those who, among other acts, ``impede the
peace process, constitute a threat to stability in Darfur and the
region, commit violations of international humanitarian or human rights
law or other atrocities''.
SEC. 6. <<NOTE: 50 USC 1701 note.>> ADDITIONAL AUTHORITIES TO DETER AND
SUPPRESS GENOCIDE IN DARFUR.
(a) Presidential Assistance To Support AMIS.--Subject to subsection
(b) and notwithstanding any other provision of law, the President is
authorized to provide AMIS with--
(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of Sudan
and dissuade and deter air attacks directed against civilians
and humanitarian workers; and
(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance,
training, command and control, aerial surveillance, and
intelligence.
(b) Conditions.--
(1) In general.--Assistance provided under subsection (a)--
(A) shall be used only in the Darfur region; and
(B) shall not be provided until AMIS has agreed not
to transfer title to, or possession of, any such
assistance to anyone not an officer, employee or agent
of AMIS (or subsequent United Nations peacekeeping
operation), and not to use or to permit the use of such
assistance for any purposes other than those for which
such assistance was furnished, unless the consent of the
President has first been obtained, and written
assurances reflecting all
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of the forgoing have been obtained from AMIS by the
President.
(2) Consent.--If the President consents to the transfer of
such assistance to anyone not an officer, employee, or agent of
AMIS (or subsequent United Nations peacekeeping operation), or
agrees to permit the use of such assistance for any purposes
other than those for which such assistance was furnished, the
President shall immediately notify the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).
(c) NATO Assistance To Support AMIS.--It is the sense of Congress
that the President should continue to instruct the United States
Permanent Representative to the North Atlantic Treaty Organization
(referred to in this section as ``NATO'') to use the voice, vote, and
influence of the United States at NATO to--
(1) advocate NATO reinforcement of the AMIS and its orderly
transition to a United Nations peacekeeping operation, as
appropriate;
(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the
Darfur region of Sudan; and
(3) provide other logistical, transportation,
communications, training, technical assistance, command and
control, aerial surveillance, and intelligence support.
(d) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, shall be construed as a provision described in section
5(b)(1) or 8(a)(1) of the War Powers Resolution (Public Law 93-148; 50
U.S.C. 1544(b), 1546(a)(1)).
(e) Denial of Entry at United States Ports to Certain Cargo Ships or
Oil Tankers.--
(1) In general.--The President should take all necessary and
appropriate steps to deny the Government of Sudan access to oil
revenues, including by prohibiting entry at United States ports
to cargo ships or oil tankers engaged in business or trade
activities in the oil sector of Sudan or involved in the
shipment of goods for use by the armed forces of Sudan until
such time as the Government of Sudan has honored its commitments
to cease attacks on civilians, demobilize and demilitarize the
Janjaweed and associated militias, grant free and unfettered
access for deliveries of humanitarian assistance, and allow for
the safe and voluntary return of refugees and internally
displaced persons.
(2) Exception.--Paragraph (1) shall not apply with respect
to cargo ships or oil tankers involved in--
(A) an internationally-recognized demobilization
program;
(B) the shipment of non-lethal assistance necessary
to carry out elements of the Comprehensive Peace
Agreement for Sudan or the Darfur Peace Agreement; or
(C) the shipment of military assistance necessary to
carry out elements of an agreement referred to in
subparagraph (B) if the President has made the
determination set forth in section 8(c)(2).
[[Page 120 STAT. 1878]]
(f) Prohibition on Assistance to Countries in Violation of United
Nations Security Council Resolutions 1556 and 1591.--
(1) Prohibition.--Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not
be used to provide assistance (other than humanitarian
assistance) to the government of a country that is in violation
of the embargo on military assistance with respect to Sudan
imposed pursuant to United Nations Security Council Resolutions
1556 (2004) and 1591 (2005).
(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in the
national interests of the United States.
SEC. 7. <<NOTE: 50 USC 1701 note.>> CONTINUATION OF RESTRICTIONS.
(a) In General.--Restrictions against the Government of Sudan that
were imposed pursuant to Executive Order No. 13067 of November 3, 1997
(62 Federal Register 59989), title III and sections 508, 512, 527, and
569 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102), or any other similar
provision of law, shall remain in effect, and shall not be lifted
pursuant to such provisions of law, until the President certifies to the
appropriate congressional committees that the Government of Sudan is
acting in good faith to--
(1) implement the Darfur Peace Agreement;
(2) disarm, demobilize, and demilitarize the Janjaweed and
all militias allied with the Government of Sudan;
(3) adhere to all associated United Nations Security Council
Resolutions, including Security Council Resolutions 1556 (2004),
1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006),
and 1706 (2006);
(4) negotiate a peaceful resolution to the crisis in eastern
Sudan;
(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord's Resistance Army in
Sudan; and
(6) fully implement the Comprehensive Peace Agreement for
Sudan without manipulation or delay, by--
(A) implementing the recommendations of the Abyei
Boundaries Commission Report;
(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of such
commissions consistent with the terms of the
Comprehensive Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth Sharing
Agreement; and
(D) withdrawing government forces from Southern
Sudan consistent with the terms of the Comprehensive
Peace Agreement for Sudan.
(b) Waiver.--The President may waive the application of subsection
(a) if the President determines, and certifies to the appropriate
congressional committees, that such waiver is in the national interests
of the United States.
[[Page 120 STAT. 1879]]
SEC. 8. <<NOTE: 50 USC 1701 note.>> ASSISTANCE EFFORTS IN SUDAN.
(a) Assistance for International Malaria Control Act.--Section 501
of the Assistance for International Malaria Control Act (Public Law 106-
570; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive Peace in Sudan Act.--Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 U.S.C.
1701 note) is repealed.
(c) Economic Assistance.--
(1) In general.--Notwithstanding any other provision of law,
the President is authorized to provide economic assistance for
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue
Nile State, Abyei, Darfur, and marginalized areas in and around
Khartoum, in an effort to provide emergency relief, to promote
economic self-sufficiency, to build civil authority, to provide
education, to enhance rule of law and the development of
judicial and legal frameworks, and to support people to people
reconciliation efforts, or to implement any nonmilitary program
in support of any viable peace agreement in Sudan, including the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement.
(2) Congressional notification.--
Assistance <<NOTE: Effective date.>> may not be obligated under
this subsection until 15 days after the date on which the
Secretary of State notifies the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1) of such obligation in accordance with the
procedures applicable to reprogramming notifications under such
section.
(d) Authorized Military Assistance.--
(1) In general.--If the President has not made a
certification under section 12(a)(3) of the Sudan Peace Act (50
U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or
the Government of Southern Sudan with the Comprehensive Peace
Agreement for Sudan, the President, notwithstanding any other
provision of law, may authorize, for each of fiscal years 2006,
2007, and 2008, the provision of the following assistance to the
Government of Southern Sudan for the purpose of constituting a
professional military force--
(A) non-lethal military equipment and related
defense services, including training, controlled under
the International Traffic in Arms Regulations (22 C.F.R.
120.1 et seq.) if the President--
(i) determines that the provision of such
items is in the national security interest of the
United States; and
(ii) not later than 15 days before the
provision of any such items, notifies the
Committee on Foreign Relations of the Senate and
the Committee on International Relations of the
House of Representatives of such determination;
and
(B) small arms and ammunition under categories I and
III of the United States Munitions List (22 C.F.R. 121.1
et seq.) if the President--
(i) determines that the provision of such
equipment is essential to the national security
interests of the United States; and
(ii) consistent with the procedures set forth
in section 614(a)(3) of the Foreign Assistance Act
of 1961
[[Page 120 STAT. 1880]]
(22 U.S.C. 2364(a)(3)), notifies the Committee on
Foreign Relations of the Senate and the Committee
on International Relations of the House of
Representatives of such determination.
(2) End use assurances.--For <<NOTE: President.>> each item
exported pursuant to this subsection or subsection (c), the
President shall include with the notification to Congress under
subparagraphs (A)(ii) and (B)(ii) of paragraph (1)--
(A) an identification of the end users to which the
provision of assistance is being made;
(B) the dollar value of the items being provided;
(C) a description of the items being provided; and
(D) a description of the end use verification
procedures that will be applied to such items,
including--
(i) any special assurances obtained from the
Government of Southern Sudan or other authorized
end users regarding such equipment; and
(ii) the end use or retransfer controls that
will be applied to any items provided under this
subsection.
(3) Waiver authority.--Section 40 of the Arms Export Control
Act (22 U.S.C. 2780) shall not apply to assistance provided
under paragraph (1).
(e) Exception to Prohibitions in Executive Order Number 13067.--
Notwithstanding any other provision of law, the prohibitions set forth
with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989)
shall not apply to activities or related transactions with respect to
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State,
Abyei, Darfur, or marginalized areas in and around Khartoum.
SEC. 9. <<NOTE: 50 USC 1701 note.>> REPORTING REQUIREMENTS.
Section 8 of the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701
note) is amended--
(1) by redesignating subsection (c) as subsection (g); and
(2) by inserting after subsection (b) the following:
``(c) Report on African Union Mission in Sudan.--Until such time as
AMIS concludes its mission in Darfur, in conjunction with the other
reports required under this section, the Secretary of State, in
consultation with all relevant Federal departments and agencies, shall
prepare and submit a report, to the appropriate congressional
committees, regarding--
``(1) a detailed description of all United States assistance
provided to the African Union Mission in Sudan (referred to in
this subsection as `AMIS') since the establishment of AMIS,
reported by fiscal year and the type and purpose of such
assistance; and
``(2) the level of other international assistance provided
to AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic Treaty
Organization, the European Union, the Arab League, and the
United Nations, reported by fiscal year and the type and purpose
of such assistance, to the extent possible.
``(d) Report on Sanctions in Support of Peace in Darfur.--In
conjunction with the other reports required under this section, the
Secretary of State shall submit a report to the appropriate
congressional committees regarding sanctions imposed under section 6 of
the Comprehensive Peace in Sudan Act of 2004, including--
[[Page 120 STAT. 1881]]
``(1) a description of each sanction imposed under such
provision of law;
``(2) the name of the individual or entity subject to the
sanction, if applicable; and
``(3) whether or not such individual has been identified by
the United Nations panel of experts.
``(e) Report on United States Military Assistance.--In conjunction
with the other reports required under this section, the Secretary of
State shall submit a report to the appropriate congressional committees
describing the effectiveness of any assistance provided under section 8
of the Darfur Peace and Accountability Act of 2006, including--
``(1) a detailed annex on any military assistance provided
in the period covered by this report;
``(2) the results of any review or other monitoring
conducted by the Federal Government with respect to assistance
provided under that Act; and
``(3) any unauthorized retransfer or use of military
assistance furnished by the United States.''.
Approved October 13, 2006.
LEGISLATIVE HISTORY--H.R. 3127 (S. 1462) (S. 3884):
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HOUSE REPORTS: No. 109-392, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Apr. 5, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 13, Presidential statement.
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