Sudan Peace, Security and Accountability Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 

• (a) Short Title- The Act may be cited as the `Sudan Peace, Security, and Accountability Act of 2013'.

 

• (b) Table of Contents- 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, promote democratic transformation, and 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.

 

SEC. 2. DEFINITIONS.

 

• • (1) ADMITTED; ALIEN- 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 COMMITTEES- The 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) FINANCIAL INSTITUTION- The term `financial institution' has the meaning given that term under section 5312(a)(2) of title 31, United States Code.

 

• • (4) GOVERNMENT OF SUDAN- 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) MILITARY EQUIPMENT- 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) PERSON- 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) SUPPORT- 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 RIGHTS- The 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).

 

SEC. 3. FINDINGS.

 

• (a) Findings- Congress makes the following findings:

 

• • (1) On October 21, 2002, the `Sudan Peace Act' was enacted into law as Public Law 107-245.

 

• • (2) 2013 marks ten years from the start of crimes in Darfur that were later found to constitute genocide, and 2014 marks ten years from when the House of Representatives, the Senate, and the United States concluded that crimes in Darfur committed by the Government of Sudan constituted genocide.

 

• • (3) 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.'.

 

• • (4) 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'.

 

• • (5) On December 23, 2004, the `Comprehensive Peace in Sudan Act of 2004' was enacted into law as Public Law 108-497.

 

• • (6) On October 13, 2006, the `Darfur Peace and Accountability Act of 2006' was enacted into law as Public Law 109-344.

 

• • (7) 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.

 

• • (8) On December 31, 2007, the `Sudan Accountability and Divestment Act of 2007' was enacted into law as Public Law 110-174.

 

• • (9) In May 2008, the Government of Sudan invaded Abyei and has since forcibly removed the Ngok Dinka population, which subsequently led to the conclusion of the Abyei Roadmap agreement that called for an arbitration to resolve the dispute over the area's boundaries.

 

• • (10) 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.

 

• • (11) 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.

 

• • (12) 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.

 

• • (13) 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'.

 

• • (14) 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.

 

• • (15) 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.

 

• • (16) 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.

 

• • (17) 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. Subsequent reports by the United Nations and other independent monitors document the continuation of theses violations throughout 2012 and the beginning of 2013.

 

• • (18) 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.

 

• • (19) 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.

 

• • (20) 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.

 

• • (21) In January 2013, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) stated that some 900,000 Sudanese people are in need of humanitarian aid in South Kordofan and Blue Nile provinces and in neighboring countries where they have sought refuge, describing their situation as bleak and urgent. OCHA further reported that there is a deficit of political will by both sides of the conflict to do what is necessary to provide access to international humanitarian agencies to help the people where they so urgently and desperately need aid.

 

• • (22) In February 2013, the United Nations documented that over 1.5 million people have been displaced or severely affected as a result of violence in Darfur, Abyei, South Kordofan, and Blue Nile provinces, including some 90,000-100,000 Darfuris newly displaced in 2012. In addition, over 40,000 people of South Sudanese origin remain stranded in Khartoum State and are living in dire conditions awaiting repatriation to South Sudan.

 

• • (23) 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.

 

• • (24) In May 2012, the United Nations Security Council passed Resolution 2046, calling on the Governments of Sudan and South Sudan to address several remaining unresolved issues, including humanitarian access to South Kordofan and Blue Nile, or face consequences under Chapter VII of the United Nations Charter, including possible sanctions.

 

• • (25) In July 2012, the Government of Sudan signed a Tripartite Agreement with the African Union, the League of Arab States, and the United Nations to allow international humanitarian access to South Kordofan and Blue Nile, but as of the beginning of March 2013, such access continues to be blocked by the Government of Sudan.

 

• • (26) In September 2012, the Governments of Sudan and South Sudan signed a series of security and economic framework agreements. In March 2013, the two sides agreed to an implementation matrix and modalities for the demilitarized buffer zone along their shared borders, but the slow pace of implementation of those agreements and the lack of an agreement over the final status of Abyei and the demarcation of the north-south border threaten peace and stability in the region, and in particular peace and stability along the north-south borders of these countries.

 

SEC. 4. STATEMENT OF POLICY.

 

• (a) Statement of Policy- 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) ensure that work on a single, comprehensive solution to Sudan's multiple conflicts runs parallel to negotiations between the Governments of Sudan and South Sudan but such comprehensive solution is not conditioned on the status of Sudan-South Sudan negotiations, and is coordinated effectively so as to prevent obstacles that may arise in Sudan-South Sudan from delaying or derailing work on such comprehensive solution;

 

• • (3) 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;

 

• • • (D) engaging United States allies to adopt and impose sanctions against the Government of Sudan similar to the sanctions already enacted by the United States and the sanctions described in this Act so as to strengthen multilateral coordination and action to achieve a comprehensive resolution to Sudan's multiple conflicts and unfettered access for international humanitarian aid for Sudan's vulnerable populations; and

 

• • • (E) 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 that contains a human rights monitoring component and the appropriate mandate and resources necessary to protect civilians to any area of Sudan not currently served by such a force and for which there is credible evidence of serious human rights violations;

 

• • (4) promote free and transparent democratic reform in Sudan, including exploring methods through which the United States can provide technical support, training, capacity building, and funding to promote and strengthen democratic institutions, nongovernmental organizations, civil society, and representative political participation in Sudan, including those institutions and organizations that can represent and articulate the demands of marginalized constituencies, such as the peripheries, youth, women, nomads, and urban and rural poor;

 

• • (5) hold persons and governments accountable for committing or assisting in the commission of 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 throughout 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) formulating and enforcing sanctions against persons or governments that fail to execute an International Criminal Court arrest warrant against any Government of Sudan official as described under section 6(d);

 

• • • (E) 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;

 

• • • (F) encouraging countries to cooperate in executing ICC arrest warrants related to allegations of genocide, war crimes, and crimes against humanity in Sudan; and

 

• • • (G) 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;

 

• • (6) 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, address points of conflict, and ensure a peaceful relationship between the two countries, including--

 

• • • • (i) reaching agreement on the final status of Abyei and the disputed border areas; and

 

• • • • (ii) implementing fully the framework and cooperation agreements signed in September 2012 on security, oil, financial matters, nationality, trade, and other critical issues; and

 

• • • (B) insisting that the Governments of Sudan and South Sudan respect the political independence and territorial integrity of neighboring countries; and

 

• • (7) 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.