PUBLIC LAW 108–497—DEC. 23, 2004

COMPREHENSIVE PEACE IN SUDAN ACT OF

2004

118 STAT. 4012 PUBLIC LAW 108–497—DEC. 23, 2004

Public Law 108–497

108th Congress

An Act

To express the sense of Congress regarding the conflict in Darfur, Sudan, to provide

assistance for the crisis in Darfur and for comprehensive peace in Sudan, and

for other purposes.

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 ‘‘Comprehensive Peace in Sudan

Act of 2004’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) 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.

(2) GOVERNMENT OF SUDAN.—The term ‘‘Government of

Sudan’’ means the National Congress Party, formerly known

as the National Islamic Front, government in Khartoum,

Sudan, or any successor government formed on or after the

date of the enactment of this Act (other than the coalition

government agreed upon in the Nairobi Declaration on the

Final Phase of Peace in the Sudan signed on June 5, 2004).

(3) JEM.—The term ‘‘JEM’’ means the Justice and Equality

Movement.

(4) SLA.—The term ‘‘SLA’’ means the Sudan Liberation

Army.

(5) SPLM.—The term ‘‘SPLM’’ means the Sudan People’s

Liberation Movement.

SEC. 3. FINDINGS.

Congress makes the following findings:

(1) A comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act (50 U.S.C. 1701 note) and

the Machakos Protocol of 2002, could be in jeopardy if the

parties do not implement and honor the agreements they have

signed.

(2) Since seizing power through a military coup in 1989,

the Government of Sudan repeatedly has attacked and dislocated civilian populations in southern Sudan in a coordinated

policy of ethnic cleansing and genocide that has cost the lives

of more than 2,000,000 people and displaced more than

4,000,000 people.

50 USC 1701

note.

50 USC 1701

note.

50 USC 1701

note.

Comprehensive

Peace in Sudan

Act of 2004.

Dec. 23, 2004

[S. 2781]

PUBLIC LAW 108–497—DEC. 23, 2004 118 STAT. 4013

(3) In response to two decades of civil conflict in Sudan,

the United States has helped to establish an internationally

supported peace process to promote a negotiated settlement

to the war that has resulted in a framework peace agreement,

the Nairobi Declaration on the Final Phase of Peace in the

Sudan, signed on June 5, 2004.

(4) At the same time that the Government of Sudan was

negotiating for a comprehensive and all inclusive peace agreement, enumerated in the Nairobi Declaration on the Final

Phase of Peace in the Sudan, it refused to engage in any

meaningful discussion with regard to its ongoing campaign

of ethnic cleansing and genocide in the Darfur region of western

Sudan.

(5) The Government of Sudan reluctantly agreed to attend

talks to bring peace to the Darfur region only after considerable

international pressure and outrage was expressed through high

level visits by Secretary of State Colin Powell and others,

and through United Nations Security Council Resolution 1556

(July 30, 2004).

(6) The Government of the United States, in both the

executive branch and Congress, has concluded that genocide

has been committed and may still be occurring in the Darfur

region, and that the Government of Sudan and militias supported by the Government of Sudan, known as the Janjaweed,

bear responsibility for the genocide.

(7) Evidence collected by international observers in the

Darfur region between February 2003 and November 2004

indicate a coordinated effort to target African Sudanese civilians

in a scorched earth policy, similar to that which was employed

in southern Sudan, that has destroyed African Sudanese villages, killing and driving away their people, while Arab Sudanese villages have been left unscathed.

(8) As a result of this genocidal policy in the Darfur region,

an estimated 70,000 people have died, more than 1,600,000

people have been internally displaced, and more than 200,000

people have been forced to flee to neighboring Chad.

(9) Reports further indicate the systematic rape of thousands of women and girls, the abduction of women and children,

and the destruction of hundreds of ethnically African villages,

including the poisoning of their wells and the plunder of their

crops and cattle upon which the people of such villages sustain

themselves.

(10) Despite the threat of international action expressed

through United Nations Security Council Resolutions 1556

(July 30, 2004) and 1564 (September 18, 2004), the Government

of Sudan continues to obstruct and prevent efforts to reverse

the catastrophic consequences that loom over the Darfur region.

(11) In addition to the thousands of violent deaths directly

caused by ongoing Sudanese military and government-sponsored Janjaweed attacks in the Darfur region, the Government

of Sudan has restricted access by humanitarian and human

rights workers to the Darfur area through intimidation by

military and security forces, and through bureaucratic and

administrative obstruction, in an attempt to inflict the most

devastating harm on those individuals displaced from their

villages and homes without any means of sustenance or shelter.

118 STAT. 4014 PUBLIC LAW 108–497—DEC. 23, 2004

(12) The Government of Sudan’s continued support for the

Janjaweed and their obstruction of the delivery of food, shelter,

and medical care to the Darfur region is estimated by the

World Health Organization to be causing up to 10,000 deaths

per month and, should current conditions persist, is projected

to escalate to thousands of deaths each day by December 2004.

(13) The Government of Chad served an important role

in facilitating the humanitarian cease-fire (the N’Djamena

Agreement dated April 8, 2004) for the Darfur region between

the Government of Sudan and the two opposition rebel groups

in the Darfur region (the JEM and the SLA), although both

sides have violated the cease-fire agreement repeatedly.

(14) The people of Chad have responded courageously to

the plight of over 200,000 Darfur refugees by providing assistance to them even though such assistance has adversely

affected their own means of livelihood.

(15) On September 9, 2004, Secretary of State Colin Powell

stated before the Committee on Foreign Relations of the Senate:

‘‘When we reviewed the evidence compiled by our team, along

with other information available to the State Department, we

concluded that genocide has been committed in Darfur and

that the Government of Sudan and the [Janjaweed] bear responsibility—and genocide may still be occurring.’’.

(16) The African Union has demonstrated renewed vigor

in regional affairs through its willingness to respond to the

crisis in the Darfur region, by convening talks between the

parties and deploying several hundred monitors and security

forces to the region, as well as by recognizing the need for

a far larger force with a broader mandate.

(17) The Government of Sudan’s complicity in the atrocities

and genocide in the Darfur region raises fundamental questions

about the Government of Sudan’s commitment to peace and

stability in Sudan.

SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR,

SUDAN.

(a) SUDAN PEACE ACT.—It is the sense of Congress that the

Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and should

be extended to include the Darfur region of Sudan.

(b) ACTIONS TO ADDRESS THE CONFLICT.—It is the sense of

Congress that—

(1) a legitimate countrywide peace in Sudan will only be

possible if those principles enumerated in the 1948 Universal

Declaration of Human Rights, that are affirmed in the

Machakos Protocol of 2002 and the Nairobi Declaration on

the Final Phase of Peace in the Sudan signed on June 5,

2004, are applied to all of Sudan, including the Darfur region;

(2) the parties to the N’Djamena Agreement (the Government of Sudan, the JEM, and the SLA) must meet their obligations under that Agreement to allow safe and immediate

delivery of all humanitarian assistance throughout the Darfur

region and must expedite the conclusion of a political agreement

to end the genocide and conflict in the Darfur region;

(3) the United States should continue to provide humanitarian assistance to the areas of Sudan to which the United

States has access and, at the same time, implement a plan

50 USC 1701

note.

PUBLIC LAW 108–497—DEC. 23, 2004 118 STAT. 4015

to provide assistance to the areas of Sudan to which access

has been obstructed or denied;

(4) the international community, including African, Arab,

and Muslim nations, should immediately provide resources necessary to save the lives of hundreds of thousands of individuals

at risk as a result of the crisis in the Darfur region;

(5) the United States and the international community

should—

(A) provide all necessary assistance to deploy and sustain an African Union Force to the Darfur region; and

(B) work to increase the authorized level and expand

the mandate of such forces commensurate with the gravity

and scope of the problem in a region the size of France;

(6) the President, acting through the Secretary of State

and the Permanent Representative of the United States to

the United Nations, should—

(A) condemn any failure on the part of the Government

of Sudan to fulfill its obligations under United Nations

Security Council Resolutions 1556 (July 30, 2004) and 1564

(September 18, 2004), and press the United Nations Security Council to respond to such failure by immediately

imposing the penalties suggested in paragraph (14) of

United Nations Security Council Resolution 1564;

(B) press the United Nations Security Council to

pursue accountability for those individuals who are found

responsible for orchestrating and carrying out the atrocities

in the Darfur region, consistent with relevant United

Nations Security Council Resolutions; and

(C) encourage member states of the United Nations

to—

(i) cease to import Sudanese oil; and

(ii) take the following actions against Sudanese

Government and military officials and other individuals, who are planning, carrying out, or otherwise

involved in the policy of genocide in the Darfur region,

as well as their families, and businesses controlled

by the Government of Sudan and the National Congress Party:

(I) freeze the assets held by such individuals

or businesses in each such member state; and

(II) restrict the entry or transit of such officials

through each such member state;

(7) the President should impose targeted sanctions,

including a ban on travel and the freezing of assets, on those

officials of the Government of Sudan, including military officials, and other individuals who have planned or carried out,

or otherwise been involved in the policy of genocide in the

Darfur region, and should also freeze the assets of businesses

controlled by the Government of Sudan or the National Congress Party;

(8) the Government of the United States should not normalize relations with Sudan, including through the lifting of

any sanctions, until the Government of Sudan agrees to, and

takes demonstrable steps to implement, peace agreements for

all areas of Sudan, including the Darfur region;

(9) those individuals found to be involved in the planning

or carrying out of genocide, war crimes, or crimes against

118 STAT. 4016 PUBLIC LAW 108–497—DEC. 23, 2004

humanity should not hold leadership positions in the Government of Sudan or the coalition government established pursuant

to the agreements reached in the Nairobi Declaration on the

Final Phase of Peace in the Sudan; and

(10) the Government of Sudan has a primary responsibility

to guarantee the safety and welfare of its citizens, which

includes allowing them access to humanitarian assistance and

providing them protection from violence.

SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.

(a) ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COM- PREHENSIVE PEACE IN SUDAN.— (1) IN GENERAL.—The Sudan Peace Act (50 U.S.C. 1701

note) is amended by adding at the end the following new

section:

‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE PEACE IN SUDAN.

‘‘(a) ASSISTANCE.—

‘‘(1) AUTHORITY.—Notwithstanding any other provision of

law, the President is authorized to provide assistance for Sudan

as authorized in paragraph (5) of this section—

‘‘(A) subject to the requirements of this section, to

support the implementation of a comprehensive peace

agreement that applies to all regions of Sudan, including

the Darfur region; and

‘‘(B) to address the humanitarian and human rights

crisis in the Darfur region and eastern Chad, including

to support the African Union mission in the Darfur region,

provided that no assistance may be made available to the

Government of Sudan.

‘‘(2) CERTIFICATION FOR THE GOVERNMENT OF SUDAN.—

Assistance authorized under paragraph (1)(A) may be provided

to the Government of Sudan only if the President certifies

to the appropriate congressional committees that the Government of Sudan has taken demonstrable steps to—

‘‘(A) ensure that the armed forces of Sudan and any

associated militias are not committing atrocities or

obstructing human rights monitors or the provision of

humanitarian assistance;

‘‘(B) demobilize and disarm militias supported or created by the Government of Sudan;

‘‘(C) allow full and unfettered humanitarian assistance

to all regions of Sudan, including the Darfur region;

‘‘(D) allow an international commission of inquiry to

conduct an investigation of atrocities in the Darfur region,

in a manner consistent with United Nations Security

Council Resolution 1564 (September 18, 2004), to investigate reports of violations of international humanitarian

law and human rights law in the Darfur region by all

parties, to determine also whether or not acts of genocide

have occurred and to identify the perpetrators of such

violations with a view to ensuring that those responsible

are held accountable;

‘‘(E) cooperate fully with the African Union, the United

Nations, and all other observer, monitoring, and protection

missions mandated to operate in Sudan;

President.

50 USC 1701

note.

PUBLIC LAW 108–497—DEC. 23, 2004 118 STAT. 4017

‘‘(F) permit the safe and voluntary return of displaced

persons and refugees to their homes and rebuild the

communities destroyed in the violence; and

‘‘(G) implement the final agreements reached in the

Naivasha peace process and install a new coalition government based on the Nairobi Declaration on the Final Phase

of Peace in the Sudan signed on June 5, 2004.

‘‘(3) CERTIFICATION WITH REGARD TO SPLM’S COMPLIANCE

WITH A PEACE AGREEMENT.—If the President determines and

certifies in writing to the appropriate congressional committees

that the SPLM has not engaged in good faith negotiations,

or has failed to honor the agreements signed, the President

shall suspend assistance authorized in this section for the

SPLM, except for health care, education, and humanitarian

assistance.

‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a date after the

President transmits the certification described in paragraph

(2), the President determines that the Government of Sudan

has ceased taking the actions described in such paragraph,

the President shall immediately suspend the provision of any

assistance to such Government under this section until the

date on which the President transmits to the appropriate

congressional committees a further certification that the

Government of Sudan has resumed taking such actions.

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(A) IN GENERAL.—In addition to any other funds otherwise available for such purposes, there are authorized to

be appropriated to the President—

‘‘(i) $100,000,000 for fiscal year 2005, and such

sums as may be necessary for each of the fiscal years

2006 and 2007, unless otherwise authorized, to carry

out paragraph (1)(A); and

‘‘(ii) $200,000,000 for fiscal year 2005 to carry out

paragraph (1)(B), provided that no amounts appropriated under this authorization may be made available for the Government of Sudan.

‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to

the authorization of appropriations under subparagraph

(A) are authorized to remain available until expended.

‘‘(b) GOVERNMENT OF SUDAN DEFINED.—In this section, the

term ‘Government of Sudan’ means the National Congress Party,

formerly known as the National Islamic Front, government in Khartoum, Sudan, or any successor government formed on or after

the date of the enactment of the Comprehensive Peace in Sudan

Act (other than the coalition government agreed upon in the Nairobi

Declaration on the Final Phase of Peace in the Sudan signed on

June 5, 2004).’’.

(2) CONFORMING AMENDMENTS.—Section 3 of such Act (50

U.S.C. 1701 note) is amended—

(A) in paragraph (2), by striking ‘‘The’’ and inserting

‘‘Except as provided in section 12, the’’; and

(B) by adding at the end the following new paragraph:

‘‘(4) SPLM.—The term ‘SPLM’ means the Sudan People’s

Liberation Movement.’’.

(b) REPORTING AMENDMENT.—The Sudan Peace Act (50 U.S.C.

1701 note) is amended by striking section 8 and inserting the

following:

118 STAT. 4018 PUBLIC LAW 108–497—DEC. 23, 2004

‘‘SEC. 8. REPORTING REQUIREMENTS.

‘‘(a) REPORT ON COMMERCIAL ACTIVITY.—Not later than 30 days

after the date of the enactment of the Comprehensive Peace in

Sudan Act of 2004, and annually thereafter until the completion

of the interim period outlined in the Machakos Protocol of 2002,

the Secretary of State, in consultation with relevant United States

Government departments and agencies, shall submit to the appropriate congressional committees a report regarding commercial

activity in Sudan that includes—

‘‘(1) a description of the sources and current status of

Sudan’s financing and construction of infrastructure and pipelines for oil exploitation, the effects of such financing and

construction on the inhabitants of the regions in which the

oil fields are located and the ability of the Government of

Sudan to finance the war in Sudan with the proceeds of the

oil exploitation;

‘‘(2) a description of the extent to which that financing

was secured in the United States or with the involvement

of United States citizens; and

‘‘(3) a description of the relationships between Sudan’s

arms industry and major foreign business enterprises and their

subsidiaries, including government-controlled entities.

‘‘(b) REPORT ON THE CONFLICT IN SUDAN, INCLUDING THE

DARFUR REGION.—Not later than 30 days after the date of the

enactment of the Comprehensive Peace in Sudan Act of 2004, and

annually thereafter until the completion of the interim period outlined in the Machakos Protocol of 2002, the Secretary of State

shall prepare and submit to the appropriate congressional committees a report regarding the conflict in Sudan, including the conflict

in the Darfur region. Such report shall include—

‘‘(1) the best estimates of the extent of aerial bombardment

of civilian centers in Sudan by the Government of Sudan,

including targets, frequency, and best estimates of damage;

and

‘‘(2) a description of the extent to which humanitarian

relief in Sudan has been obstructed or manipulated by the

Government of Sudan or other forces, and a contingency plan

to distribute assistance should the Government of Sudan continue to obstruct or delay the international humanitarian

response to the crisis in Darfur.

‘‘(c) DISCLOSURE TO THE PUBLIC.—The Secretary of State shall

publish or otherwise make available to the public each unclassified

report, or portion of a report that is unclassified, submitted under

subsection (a) or (b).’’.

SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

(a) SANCTIONS.—Beginning on the date that is 30 days after

the date of enactment of this Act, the President shall, notwithstanding paragraph (1) of section 6(b) of the Sudan Peace Act

(50 U.S.C. 1701 note), implement the measures set forth in subparagraphs (A) through (D) of paragraph (2) of such section.

(b) BLOCKING OF ASSETS.—Beginning on the date that is 30

days after the date of enactment of this Act, the President shall,

consistent with the authorities granted in the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the

assets of appropriate senior officials of the Government of Sudan.

Effective date.

Effective date.

President.

50 USC 1701

note.

PUBLIC LAW 108–497—DEC. 23, 2004 118 STAT. 4019

LEGISLATIVE HISTORY—S. 2781 (H.R. 5061):

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 23, considered and passed Senate.

Nov. 19, considered and passed House, amended.

Dec. 7, Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Dec. 23, Presidential statement.

Æ

(c) WAIVER.—The President may waive the application of subsection (a) or (b) if the President determines and certifies to the

appropriate congressional committees that such a waiver is in the

national interest of the United States.

(d) CONTINUATION OF RESTRICTIONS.—Restrictions against the

Government of Sudan that were imposed pursuant to title III and

sections 508, 512, and 527 of the Foreign Operations, Export

Financing, and Related Programs Act, 2004 (division D of Public

Law 108–199; 118 Stat. 143), or any other similar provision of

law, shall remain in effect against the Government of Sudan and

may not be lifted pursuant to such provisions of law unless the

President transmits a certification to the appropriate congressional

committees in accordance with paragraph (2) of section 12(a) of

the Sudan Peace Act (as added by section 5(a)(1) of this Act).

(e) DETERMINATION.—Notwithstanding subsection (a) of this

section, the President shall continue to transmit the determination

required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C.

1701 note).

SEC. 7. ADDITIONAL AUTHORITIES.

Notwithstanding any other provision of law, the President is

authorized to provide assistance, other than military assistance,

to areas that were outside of the control of the Government of

Sudan on April 8, 2004, including to provide assistance for emergency relief, development and governance, or to implement any

program in support of any viable peace agreement at the local,

regional, or national level in Sudan.

SEC. 8. TECHNICAL CORRECTION.

Section 12 of the International Organizations Immunities Act

(22 U.S.C. 288f–2) is amended by striking ‘‘Organization of African

Unity’’ and inserting ‘‘African Union’’.

Approved December 23, 2004.

50 USC 1701

note.

President.

50 USC 1701

note.

Certification.