I 

112TH CONGRESS 

2D SESSION H. R. 4169 

To require the development of a comprehensive strategy to end serious human 

rights violations in Sudan, to create incentives for governments and 

persons to end support of and assistance to the Government of Sudan, 

to reinvigorate genuinely comprehensive peace efforts in Sudan, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2012 

Mr. MCGOVERN (for himself, Mr. WOLF, Mr. CAPUANO, Ms. LEE of California, Mr. MILLER of North Carolina, Mr. OLVER, and Ms. JACKSON

LEE of Texas) introduced the following bill; which was referred to the 

Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To require the development of a comprehensive strategy to 

end serious human rights violations in Sudan, to create 

incentives for governments and persons to end support 

of and assistance to the Government of Sudan, to reinvigorate genuinely comprehensive peace efforts in Sudan, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—The Act may be cited as the 

3 ‘‘Sudan Peace, Security, and Accountability Act of 2012’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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 and to 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. 

6 SEC. 2. DEFINITIONS. 

7 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

8 and ‘‘alien’’ have the meanings given those terms in 

9 section 101 of the Immigration and Nationality Act 

10 (8 U.S.C. 1101). 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Banking, Housing, 

15 and Urban Affairs, the Committee on Foreign 

16 Relations, the Committee on the Judiciary, and 

17 the Select Committee on Intelligence of the 

18 Senate; and 


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1 (B) the Committee on Financial Services, 

2 the Committee on Foreign Affairs, the Com3 mittee on the Judiciary, and the Permanent Se4 lect Committee on Intelligence of the House of 

5 Representatives. 

6 (3) FINANCIAL INSTITUTION.—The term ‘‘fi7 nancial institution’’ has the meaning given that term 

8 under section 5312(a)(2) of title 31, United States 

9 Code. 

10 (4) GOVERNMENT OF SUDAN.—The term ‘‘Gov11 ernment of Sudan’’ means— 

12 (A) the government in Khartoum, Sudan, 

13 which is led by the National Congress Party; or 

14 (B) any successor government formed on 

15 or after the date of the enactment of this Act. 

16 (5) MILITARY EQUIPMENT.—The term ‘‘mili17 tary equipment’’ means— 

18 (A) weapons, arms, supplies, or parts that 

19 readily may be used for military purposes, in20 cluding radar systems, aerial weapons, or mili21 tary-grade transport vehicles; or 

22 (B) supplies or services sold or provided di23 rectly or indirectly to any person or government 

24 participating, supporting, or assisting in armed 

25 conflict in Sudan. 


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1 (6) PERSON.—The term ‘‘person’’ has the 

2 meaning given such term in section 2(9) of the 

3 Sudan Accountability and Divestment Act of 2007 

4 (50 U.S.C. 1701 note; Public Law 110–174), includ5 ing any board of directors or executives of such a 

6 person. 

7 (7) SUPPORT.—The term ‘‘support’’ or ‘‘sup8 ported’’ means— 

9 (A) any type of material, financial, or 

10 logistical assistance; or 

11 (B) in the case of the Government of 

12 Sudan, failure to prevent or punish serious 

13 human rights violations by a person in Sudan 

14 that is committing or assisting in the commis15 sion of serious human rights violations. 

16 (8) SERIOUS VIOLATIONS OF HUMAN RIGHTS.— 

17 The term ‘‘serious violations of human rights’’ in18 cludes the following: 

19 (A) Genocide, as described in section 1091 

20 of title 18, United States Code. 

21 (B) Torture, as such term is defined in 

22 section 2340 of title 18, United States Code. 

23 (C) War crimes, as such term is defined in 

24 subsections (c) and (d) of section 2441 of title 

25 18, United States Code. 


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1 (D) Consistent patterns of gross violations 

2 of internationally recognized human rights as 

3 described in section 502b(a) of the Foreign As4 sistance Act of 1961. 

5 (E) Persecution, as interpreted by judicial 

6 and administrative case law in the application 

7 of section 101(a)(42) of the Immigration and 

8 Nationality Act (8 U.S.C. 1101(a)(42)). 

9 (F) Acts or omissions described in the 

10 President’s ‘‘Proclamation 8697—Suspension of 

11 Entry as Immigrants and Nonimmigrants of 

12 Persons Who Participate in Serious Human 

13 Rights and Humanitarian Law Violations and 

14 Other Abuses’’ (Aug. 4, 2011). 

15 SEC. 3. FINDINGS. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) On October 21, 2002, the ‘‘Sudan Peace 

19 Act’’ was enacted into law as Public Law 107–245. 

20 (2) On July 22, 2004— 

21 (A) the House of Representatives adopted 

22 House Concurrent Resolution 467 by a vote of 

23 422–0, concluding that crimes in Darfur con24 stituted genocide; and 


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1 (B) the Senate adopted Senate Concurrent 

2 Resolution 1330 by unanimous consent and de3 clared, ‘‘[T]he atrocities unfolding in Darfur, 

4 Sudan, are genocide.’’. 

5 (3) On September 9, 2004, then-Secretary of 

6 State Colin Powell testified before the Committee on 

7 Foreign Relations of the Senate that ‘‘genocide has 

8 occurred and may still be occurring in Darfur’’ and 

9 ‘‘the Government of Sudan and the Janjaweed bear 

10 responsibility’’. 

11 (4) On December 23, 2004, the ‘‘Comprehen12 sive Peace in Sudan Act of 2004’’ was enacted into 

13 law as Public Law 108–497. 

14 (5) On October 13, 2006, the ‘‘Darfur Peace 

15 and Accountability Act of 2006’’ was enacted into 

16 law as Public Law 109–344. 

17 (6) On April 27, 2007, the International Crimi18 nal Court (ICC) issued arrest warrants for— 

19 (A) former Sudanese Minister of the Inte20 rior Ahmad Muhammad Harun, who currently 

21 serves as Governor of the Sudanese state of 

22 South Kordofan, on 20 counts of crimes against 

23 humanity and 22 counts of war crimes in 

24 Darfur; and 


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1 (B) Janjaweed Commander Ali Muham2 mad Ali Abd-Al-Rahman (‘‘Ali Kushayb’’) on 

3 22 counts of crimes against humanity and 28 

4 counts of war crimes. 

5 (7) On December 31, 2007, the ‘‘Sudan Ac6 countability and Divestment Act of 2007’’ was en7 acted into law as Public Law 110–174. 

8 (8) In May 2008, the Government of Sudan in9 vaded Abyei and has since forcibly removed the 

10 Ngok Dinka population, despite signing the Abyei 

11 Roadmap Agreement that called for arbitration to 

12 resolve the boundary dispute. 

13 (9) On March 4, 2009, the ICC issued an ar14 rest warrant for Omar al-Bashir, the sitting Presi15 dent of Sudan, on two counts of war crimes and five 

16 counts of crimes against humanity related to Darfur. 

17 (10) On July 10, 2010, the ICC issued a sec18 ond arrest warrant for Omar al-Bashir, the sitting 

19 President of Sudan, on three counts of genocide re20 lated to Darfur. 

21 (11) On May 21, 2011, the Government of 

22 Sudan invaded the disputed Abyei region which re23 sulted in the displacement of more than 113,000 ci24 vilians, almost all of whom were Ngok Dinka, and 


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1 has not withdrawn its forces despite entering into an 

2 agreement to do so. 

3 (12) A United Nations report, dated May 29, 

4 2011, stated that the invasion of the Abyei region by 

5 the Sudanese Armed Forces (SAF) could lead to 

6 ‘‘ethnic cleansing’’. 

7 (13) On June 5, 2011, fighting erupted in 

8 South Kordofan, which included the aerial bombard9 ment of civilian areas by the Sudanese Air Force, re10 sulting in the displacement of more than 200,000 ci11 vilians. On September 1, 2011, similar fighting 

12 broke out in Blue Nile. 

13 (14) In July 2011, the Government of Sudan 

14 signed the Doha Document for Peace in Darfur with 

15 one rebel group, but the agreement did not include 

16 other significant groups. 

17 (15) Aerial bombardments in civilian areas of 

18 South Kordofan and Blue Nile have severely im19 peded the ability of the population to engage in nor20 mal agricultural activities, leading to the potential 

21 for a massive famine affecting hundreds of thou22 sands of people, and has caused widespread displace23 ment of civilians. Moreover, the Government of 

24 Sudan has continually blocked humanitarian relief to 

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1 bardments. The Famine Early Warning Systems 

2 Network warns that conditions in these two states 

3 are anticipated to reach emergency levels by March 

4 2012. This is one level short of famine. 

5 (16) On August 15, 2011, the United Nations 

6 Office of the High Commissioner for Human Rights 

7 released a preliminary report stating that alleged 

8 violations of international law by Sudanese forces in 

9 the South Kordofan region ‘‘may constitute war 

10 crimes and crimes against humanity’’. Reported vio11 lations included extrajudicial killings, arbitrary ar12 rests and illegal detention, forced disappearances, 

13 aerial bombardments and attacks against civilians, 

14 looting and destruction of civilian homes and vil15 lages, massive displacement, attacks on churches, in16 terference with medical and humanitarian assist17 ance, and allegations of targeted attacks against eth18 nic and racial groups and the existence of mass 

19 graves. 

20 (17) On March 1, 2012, the ICC issued an ar21 rest warrant against the current Sudanese Defense 

22 Minister Abdel Raheem Muhammad Hussein for 

23 crimes against humanity and war crimes committed 

24 in Darfur from August 2003 to March 2004. 


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1 (18) Recent offensive operations in South 

2 Kordofan and Blue Nile by Sudanese Armed Forces 

3 have led to significant and increasing flows of refu4 gees to Ethiopia and South Sudan, and on Novem5 ber 10, 2011, reports by the United Nations indi6 cated that aerial bombardment by the Sudanese 

7 Armed Forces was used against a refugee camp in 

8 South Sudan. On January 24, 2012, UNHCR again 

9 condemned an air raid carried out at a refugee tran10 sit site located within South Sudan. 

11 (19) Reports of cross border ground attacks by 

12 Sudan into South Sudan, aerial bombardment inside 

13 South Sudan and the increasing presence of Suda14 nese military forces close to the border between 

15 Sudan and South Sudan are provocative acts that 

16 raise tensions between the two countries, increasing 

17 the risk of a military conflict and the aggravation of 

18 the humanitarian crisis. 

19 (20) During 2011, the United Nations docu20 mented that over half a million people had been dis21 placed as a result of violence in Darfur, South 

22 Kordofan, Blue Nile, and Abyei. 

23 (21) There is sufficient evidence to conclude 

24 that the Government of Sudan and persons con25 trolled or supported by the Government of Sudan 


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1 are using military equipment to commit or assist in 

2 committing serious human rights violations. 

3 SEC. 4. STATEMENT OF POLICY. 

4 (a) STATEMENT OF POLICY.—It shall be the policy 

5 of the United States to take urgent action to— 

6 (1) promote a genuinely comprehensive ap7 proach to resolving all issues related to serious 

8 human rights violations and political instability in 

9 Sudan, with the goal of encouraging a single, com10 prehensive agreement that provides a framework for 

11 democratic reform and lasting peace throughout all 

12 of Sudan, as well as a transparent, fair, and all-in13 clusive constitutional process; 

14 (2) identify actions to provide immediate pro15 tection to noncombatants throughout Sudan who 

16 have been victims of serious human rights violations 

17 or are vulnerable to becoming victims of serious 

18 human rights violations, including— 

19 (A) demanding that the Government of 

20 Sudan permit free and unfettered access for 

21 international humanitarian aid throughout 

22 Sudan, including throughout Darfur, South 

23 Kordofan, Blue Nile, and Abyei, and absent 

24 such agreement, the United States should seek 


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1 other mechanisms to mitigate the effects of the 

2 lack of such humanitarian aid; 

3 (B) considering options, including in con4 sultation with key international and regional ac5 tors described in paragraph (6), in which the 

6 United States could enforce the existing United 

7 Nations-imposed ban on offensive military 

8 flights over Darfur, as well as an extension of 

9 that ban to include South Kordofan, Blue Nile, 

10 and Abyei; 

11 (C) calling upon all persons and govern12 ments to immediately cease all selling, leasing, 

13 loaning, exporting, or otherwise transferring of 

14 military equipment to the Government of Sudan 

15 or to any person controlled or supported by the 

16 Government of Sudan; and 

17 (D) urging the United Nations Security 

18 Council to— 

19 (i) ban all sales, leases, loans, exports, 

20 or transfers of military equipment to the 

21 Government of Sudan or any person con22 trolled or supported by the Government of 

23 Sudan; 

24 (ii) expand the existing ban on all 

25 military flights over Darfur provided for 


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1 under paragraph 6 of United Nations Se2 curity Council Resolution 1591 (2005) to 

3 other areas of Sudan where there are cur4 rently serious human rights violations oc5 curring, including in South Kordofan, Blue 

6 Nile, and Abyei; and 

7 (iii) authorize a peacekeeping force to 

8 any area of Sudan not currently served by 

9 such a force and for which there is credible 

10 evidence of serious human rights viola11 tions; 

12 (3) promote free and transparent democratic 

13 reform in Sudan, including exploring methods 

14 through which the United States can provide tech15 nical support and funding to promote democratic in16 stitutions, nongovernmental organizations, civil soci17 ety, and representative political participation in 

18 Sudan; 

19 (4) hold persons and governments accountable 

20 for committing or assisting in the commission of in 

21 serious human rights violations, or for supporting or 

22 assisting those persons and governments that com23 mit or assist in the commission of human rights vio24 lations, including— 


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1 (A) ensuring that all sanctions in effect 

2 against the Government of Sudan are exercised 

3 against all applicable Government of Sudan4 controlled or supported persons and property, 

5 bearing in mind that the Government of Sudan 

6 may have nominally transferred certain state7 controlled or supported persons and property to 

8 leaders within the National Congress Party 

9 (NCP) while preserving Government of Sudan 

10 control over or support of those persons and fi11 nancial interests; 

12 (B) expanding sanctions to target the Gov13 ernment of Sudan and persons controlled or 

14 supported by the Government of Sudan in the 

15 commission or assistance of serious human 

16 rights violations througout Sudan, including in 

17 Darfur, South Kordofan, Blue Nile, or Abyei; 

18 (C) formulating and enforcing sanctions 

19 against persons or governments outside of 

20 Sudan that support or assist the Government of 

21 Sudan or persons controlled or supported by 

22 the Government of Sudan in the commission or 

23 assistance of serious human rights violations in 

24 Sudan; 


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1 (D) urging the United Nations Security 

2 Council to— 

3 (i) create a more comprehensive, 

4 international set of sanctions against the 

5 Government of Sudan and persons con6 trolled or supported by the Government of 

7 Sudan that commit, assist in, or otherwise 

8 support serious human rights violations in 

9 Sudan; 

10 (ii) expand the ICC’s mandate beyond 

11 only Darfur to cover all of Sudan, includ12 ing South Kordofan, Blue Nile, and Abyei; 

13 and 

14 (iii) adopt the broadest authority pos15 sible, including the application of the 

16 United Nations’ Charter Chapter 7 powers, 

17 to execute any ICC arrest warrants issued 

18 against any person in Sudan; 

19 (E) encouraging countries to cooperate in 

20 executing ICC arrest warrants related to allega21 tions of genocide, war crimes, and crimes 

22 against humanity in Sudan; and 

23 (F) determining the extent of serious 

24 human rights violations throughout Sudan, in25 cluding in Darfur, South Kordofan, Blue Nile, 


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1 and Abyei, which may include sending an as2 sessment team to interview refugees in Ethiopia 

3 and South Sudan; 

4 (5) ensure the resolution of all outstanding 

5 issues between the Governments of Sudan and South 

6 Sudan, including— 

7 (A) enhancing diplomacy with the African 

8 Union High Level Implementation Panel, the 

9 United Nations, and other key international 

10 and regional actors described in paragraph (6) 

11 that have significant influence or interests re12 lated to the region to assist the Governments of 

13 Sudan and South Sudan to continue high level 

14 engagement to resolve outstanding issues, in15 cluding the final status of Abyei, the disputed 

16 border areas, transitional financial arrange17 ments, and outstanding oil-related issues in 

18 order to address points of conflict and ensure a 

19 peaceful relationship between the two countries; 

20 and 

21 (B) insisting that the Governments of 

22 Sudan and South Sudan respect the political 

23 independence and territorial integrity of neigh24 boring countries; and 


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1 (6) engage with key international and regional 

2 actors, including the African Union, the United Na3 tions, the European Union, the League of Arab 

4 States, China, Russia, Ethiopia, Qatar, Turkey, and 

5 other governments and persons that have significant 

6 influence or interests related to Sudan, in order to 

7 achieve the policies of this section and the overall 

8 goals of this Act. 

9 SEC. 5. REQUIREMENT OF A COMPREHENSIVE STRATEGY 

10 TO END SERIOUS HUMAN RIGHTS VIOLA11 TIONS AND TO CREATE PEACE THROUGHOUT 

12 SUDAN. 

13 (a) REQUIREMENT FOR DEVELOPMENT AND SUBMIS14 SION OF COMPREHENSIVE STRATEGY.—Not later than 

15 180 days after the date of the enactment of this Act, the 

16 President shall develop and transmit to the appropriate 

17 congressional committees a comprehensive strategy in ac18 cordance with the statement of policy specified in section 

19 4. 

20 (b) CONTENTS OF STRATEGY.—The strategy re21 quired under subsection (a) shall include the following: 

22 (1) The development of an interagency frame23 work to plan, coordinate, and review the diplomatic, 

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1 pabilities of United States policy regarding Sudan. 

2 The agencies involved shall include the following: 

3 (A) The Department of State and the 

4 United States Agency for International Devel5 opment (USAID), including the Special Envoy 

6 for Sudan, the Bureau of Democracy, Human 

7 Rights, and Labor (DRL), the Bureau of Con8 flict and Stabilization Operations, and USAID’s 

9 Bureau of Democracy, Conflict, and Humani10 tarian Assistance. 

11 (B) The Department of Treasury, includ12 ing the Office of Foreign Assets Control 

13 (OFAC). 

14 (C) The Department of Homeland Secu15 rity. 

16 (D) The Department of Commerce, includ17 ing the Bureau of Industry and Security (BIS). 

18 (E) The Department of Defense. 

19 (F) The National Security Council. 

20 (G) The Office of the Director of National 

21 Intelligence and the Central Intelligence Agen22 cy. 

23 (2) A description of the United States diplo24 matic, economic, intelligence, and military actions 

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1 ment of this Act, with Sudan, including multilateral 

2 efforts. 

3 (3) A review of governments and persons out4 side of Sudan that provide diplomatic, economic, in5 telligence, and military support or assistance to the 

6 Government of Sudan, including governments and 

7 persons that facilitate the export of military equip8 ment to Sudan. 

9 (4) A list of governments and persons identified 

10 in paragraph 3 that may be committing sanctionable 

11 acts (as defined in section 6). 

12 (5) A process for providing timely and regular 

13 information to the President for the purpose of de14 termining whether a government or person may be 

15 committing sanctionable acts (as defined in section 

16 6). 

17 (6) An assessment of the United States diplo18 matic, economic, intelligence, and military actions 

19 and capabilities that reasonably may be utilized, 

20 strengthened, or improved to further the objective of 

21 ending serious human rights violations in Sudan and 

22 of promoting a nationwide, comprehensive peace and 

23 democratic reform strategy. This assessment should 

24 include multilateral and bilateral efforts through the 

25 United Nations, other governments and persons that 


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1 have significant influence or interests in Sudan, and 

2 humanitarian NGOs. 

3 (c) FORM.—The strategy shall be submitted in un4 classified form, but may include a classified annex. 

5 SEC. 6. SANCTIONABLE ACTS. 

6 (a) PROVIDING SUPPORT OR ASSISTANCE IN THE

7 COMMISSION OF SERIOUS HUMAN RIGHTS VIOLATIONS IN

8 SUDAN.—The President shall impose on any person or 

9 government at least two of the sanctions specified in sec10 tion 7 if the President determines and certifies to the ap11 propriate congressional committees that such person or 

12 government has supported or assisted the Government of 

13 Sudan or any person controlled or supported by the Gov14 ernment of Sudan in the commission, or assistance in the 

15 commission, of serious human rights violations in Sudan, 

16 including by— 

17 (1) selling, leasing, loaning, exporting, or other18 wise transferring military equipment to the Govern19 ment of Sudan or any person controlled or sup20 ported by the Government of Sudan; or 

21 (2) providing in any 12-month period any prop22 erty, goods, technology, services, or other support in 

23 the amount of $500,000 or more, or any combina24 tion of such items or support the aggregate of which 

25 exceeds $500,000 in any such period, that directly 


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1 and significantly contributes to the Government of 

2 Sudan or any person controlled or supported by the 

3 Government of Sudan to commit or assist in the 

4 commission of serious human rights violations. 

5 (b) INTERFERING WITH HUMANITARIAN AID.—The 

6 President shall impose on any person or government at 

7 least two of the sanctions specified in section 7 if the 

8 President determines and certifies to the appropriate con9 gressional committees that such person or government is 

10 interfering or has interfered with the delivery of humani11 tarian aid to Sudan. 

12 (c) IMPEDING OR THREATENING PEACE AND STA13 BILITY IN SUDAN.—The President shall impose on any 

14 person or government at least two of the sanctions speci15 fied in section 7 if the President determines and certifies 

16 to the appropriate congressional committees that such per17 son or government is impeding the peace process or 

18 threatening the stability of any part of Sudan or the re19 gion. 

20 (d) FAILURE TO EXECUTE ICC ARREST WARRANTS

21 AGAINST GOVERNMENT OF SUDAN OFFICIALS.—The 

22 President shall impose on any person or government at 

23 least two of the sanctions specified in section 7 if the 

24 President determines and certifies to the appropriate con25 gressional committees that such person or government has 


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1 failed to execute an International Criminal Court arrest 

2 warrant against any Government of Sudan official if such 

3 person or government— 

4 (1) had the jurisdictional authority to execute 

5 the warrant; 

6 (2) had the opportunity to execute the warrant; 

7 and 

8 (3) failed to do so without reasonable justifica9 tion. 

10 (e) EXCEPTION FOR SOUTH SUDAN.—No sanctions 

11 or other prohibitions described in this Act shall be imposed 

12 on any government or person that is acting on behalf of 

13 the Government of South Sudan in connection with— 

14 (1) the shipment or payment for oil from South 

15 Sudan; or 

16 (2) the advancement of peace between Sudan 

17 and South Sudan. 

18 (f) EXCEPTION FOR SALES OF HUMANITARIAN AID, 

19 INCLUDING FOOD, MEDICINE, AND MEDICAL DEVICES.— 

20 No sanctions or other prohibitions described in this Act 

21 shall be imposed on any government or person that is or 

22 has conducted or facilitated the provision or sale of hu23 manitarian aid, including food, medicine, or medical de24 vices, to the Government of Sudan or any person con25 trolled or supported by the Government of Sudan. 


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1 SEC. 7. DESCRIPTION OF SANCTIONS. 

2 (a) SANCTIONS.—The sanctions referred to in section 

3 6 are the following: 

4 (1) The withdrawal, limitation, or suspension of 

5 United States development assistance under part I 

6 of the Foreign Assistance Act of 1961. 

7 (2) Directing the Export-Import Bank of the 

8 United States, the Overseas Private Investment Cor9 poration, or the Trade and Development Agency to 

10 not approve the issuance of any (or a specified num11 ber of) guarantees, insurance, extensions of credit, 

12 or participation in an extension of credit with re13 spect to the person or government identified by the 

14 President under section 6 of this Act. 

15 (3) The withdrawal, limitation, or suspension of 

16 United States security assistance under part II of 

17 the Foreign Assistance Act of 1961. 

18 (4) In accordance with section 701 of the Inter19 national Financial Institutions Act, directing the 

20 United States executive director at international fi21 nancial institutions referred to in such section to op22 pose and vote against loans primarily benefitting the 

23 person or government identified by the President 

24 under section 6 of this Act. 

25 (5) Ordering the heads of the appropriate 

26 United States departments and agencies not to issue 


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1 any (or a specified number of) specific licenses, and 

2 not to grant any other specific authority (or a speci3 fied number of authorities), to export any goods or 

4 technology to the person or government identified by 

5 the President under section 6 of this Act, under— 

6 (A) the Export Administration Act of 1979 

7 (as continued in effect by the International 

8 Emergency Economic Powers Act); 

9 (B) the Arms Export Control Act; 

10 (C) the Atomic Energy Act of 1954; or 

11 (D) any other statute that requires the 

12 prior review and approval of the United States 

13 Government as a condition for the export or re14 export of goods or services. 

15 (6) Prohibiting any United States financial in16 stitution or person from making loans or providing 

17 credits totaling more than $500,000 in any 12- 

18 month period to the person or government identified 

19 by the President under section 6 of this Act. 

20 (7) Prohibiting the United States Government 

21 from procuring, or entering into any contract for the 

22 procurement of, any goods or services from the per23 son or government identified by the President under 

24 section 6 of this Act. 


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1 (8) Downgrading, suspending, or canceling at 

2 least one official, economic, cultural, or scientific 

3 visit, meeting, or contact between any person or gov4 ernment within the jurisdiction of the United States 

5 and the government identified by the President 

6 under section 6 of this Act. 

7 (b) PRESIDENTIAL AUTHORITY FOR ADDITIONAL

8 SANCTIONS.—The President may impose additional sanc9 tions not specified in subsection (a) pursuant to the Inter10 national Emergency Economic Powers Act (50 U.S.C. 

11 1701 et seq.) with respect to any person or government 

12 identified by the President under section 6 of this Act. 

13 (c) WAIVER.—The President may waive the applica14 tion of section 6 of this Act with respect to any person 

15 or government identified by the President under such sec16 tion if the President determines that such a waiver is in 

17 the national interests of the United States. At least 30 

18 days before granting such a waiver, the President shall 

19 provide the appropriate congressional committees notice 

20 of, and a justification for, such waiver. 

21 SEC. 8. INELIGIBILITY FOR VISAS AND ADMISSION TO THE 

22 UNITED STATES. 

23 (a) IN GENERAL.—An alien is ineligible to receive 

24 any visa to enter the United States if the President has 


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1 made a determination regarding the alien under section 

2 6. 

3 (b) REVOCATION.—The Secretary of State shall re4 voke, including retroactively revoke if the alien has been 

5 admitted to the United States, in accordance with section 

6 221(i) of the Immigration and Nationality Act (8 U.S.C. 

7 1201(i)), the visa or other documentation of any alien if 

8 the President has made a determination regarding the 

9 alien under section 6 of this Act. 

10 (c) INADMISSIBILITY AND REMOVABILITY.— 

11 (1) INADMISSIBILITY.—An arriving alien may 

12 be charged under any applicable provision of section 

13 212 of the Immigration and Nationality Act if the 

14 President has made a determination regarding the 

15 alien under section 6. 

16 (2) REMOVABILITY.—An alien admitted to the 

17 United States may be charged under any applicable 

18 provision of section 237 of the Immigration and Na19 tionality Act if the President has made a determina20 tion regarding the alien under section 6. 

21 (d) CERTAIN FAMILY MEMBERS ALSO INELIGIBLE

22 FOR VISAS AND ADMISSION.—The following persons, if 

23 they are aliens, are subject to subsections (a) through (c) 

24 if the President has made a determination under section 

25 6 with respect to an alien: 


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1 (1) The spouse of the alien identified by the 

2 President under section 6. 

3 (2) The natural, adopted, or step- son or 

4 daughter of the alien so identified. 

5 (3) The natural or legal parents, step-parents, 

6 or guardians of the alien so identified. 

7 (4) The natural or legal grandparents or step8 grandparents of the alien so identified. 

9 (e) VISA WAIVER.—The Secretary of State may waive 

10 the application of subsections (a), (b), and (d) if the Sec11 retary determines that such a waiver is in the national 

12 interests of the United States. At least 30 days before 

13 granting such a waiver, the Secretary shall provide to the 

14 appropriate congressional committees notice of, and a jus15 tification for, the waiver. 

16 (f) INADMISSIBILITY AND REMOVAL WAIVER.—The 

17 Secretary of Homeland Security may waive the application 

18 of subsections (c) and (d) if the Secretary determines that 

19 such a waiver is in the national interests of the United 

20 States. At least 30 days before granting such a waiver, 

21 the Secretary shall provide to the appropriate congres22 sional committees notice of, and a justification for, the 

23 waiver. 


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1 SEC. 9. PROHIBITION ON ALL TRANSACTIONS IN PROP2 ERTY, GOODS, AND TECHNOLOGY. 

3 (a) PROHIBITION OF PROPERTY TRANSACTIONS.— 

4 The Secretary of the Treasury shall block and prohibit all 

5 transactions in all property and interests in property, in6 cluding any goods or technology, of any person or govern7 ment in the United States, that come within the United 

8 States, or that are or come within the possession or con9 trol of a person within the jurisdiction of the United 

10 States, if a person or government— 

11 (1) is designated by the President under section 

12 6; or 

13 (2) acts as an agent of or on behalf of a person 

14 or government designated by the President under 

15 section 6 in a matter relating to the activity for 

16 which the person or government was added to that 

17 list. 

18 (b) WAIVER FOR NATIONAL INTERESTS.—The Sec19 retary of the Treasury may waive the application of sub20 section (a) if the Secretary determines that such a waiver 

21 is in the national interests of the United States. At least 

22 30 days before granting such a waiver, the Secretary shall 

23 provide to the appropriate congressional committees notice 

24 of, and a justification for, the waiver. 

25 (c) ENFORCEMENT.— 


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1 (1) PENALTIES.—A person or government that 

2 violates, attempts to violate, conspires to violate, or 

3 causes a violation of this section or any regulation, 

4 license, or order issued to carry out this section shall 

5 be subject to the penalties specified in subsections 

6 (b) and (c) of section 206 of the International 

7 Emergency Economic Powers Act (50 U.S.C. 1705) 

8 to the same extent as a person that commits an un9 lawful act described in subsection (a) of such sec10 tion. 

11 (2) REQUIREMENTS FOR FINANCIAL INSTITU12 TIONS.— 

13 (A) IN GENERAL.—Not later than 120 

14 days after the date of the enactment of this 

15 Act, the Secretary of the Treasury shall pre16 scribe regulations to require each financial in17 stitution in the United States— 

18 (i) to perform an audit of the assets 

19 within the possession or control of the fi20 nancial institution to determine whether 

21 any of such assets are required to be fro22 zen pursuant to subsection (a); and 

23 (ii) to submit to the Secretary— 

24 (I) a report containing the re25 sults of the audit; and 


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1 (II) a certification that, to the 

2 best of the knowledge of the financial 

3 institution, the financial institution 

4 has frozen all assets within the pos5 session or control of the financial in6 stitution that are required to be so 

7 frozen. 

8 (B) PENALTIES.—The penalties provided 

9 for in sections 5321(a) and 5322 of title 31, 

10 United States Code, shall apply to a financial 

11 institution that violates a regulation prescribed 

12 under subparagraph (A) in the same manner 

13 and to the same extent as such penalties would 

14 apply to any person that is otherwise subject to 

15 such sections 5321(a) or 5322. 

16 (d) REGULATORY AUTHORITY.—The Secretary of the 

17 Treasury shall issue such regulations, licenses, or orders 

18 as are necessary to carry out this section. 

19 SEC. 10. EXPANDING SANCTIONS AND OTHER AUTHORITIES 

20 IN SUPPORT OF PEACE IN SUDAN. 

21 (a) BLOCKING OF ASSETS AND RESTRICTION ON

22 VISAS OF CERTAIN INDIVIDUALS IDENTIFIED BY THE

23 PRESIDENT.—Section 6(c) of the Comprehensive Peace in 

24 Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 

25 note) is amended— 


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1 (1) by striking ‘‘Darfur Peace and Account2 ability Act of 2006’’ each place it appears and in3 serting ‘‘Sudan Peace, Security, and Accountability 

4 Act of 2012’’; and 

5 (2) by striking ‘‘in Darfur’’ each place it ap6 pears and inserting ‘‘in Sudan’’. 

7 (b) SANCTIONS AGAINST JANJAWEED COMMANDERS

8 AND COORDINATORS OR OTHER INDIVIDUALS.—Section 

9 5(c) of the Darfur Peace and Accountability Act of 2006 

10 (Public Law 109–344; 50 U.S.C. 1701 note) is amend11 ed— 

12 (1) by inserting ‘‘and as amended by section 

13 10(a) of the Sudan Peace, Security, and Account14 ability Act of 2012’’ after ‘‘as added by subsection 

15 (a)’’; and 

16 (2) by striking ‘‘in Darfur’’ and inserting ‘‘in 

17 Sudan’’. 

18 (c) ADDITIONAL AUTHORITIES TO DETER AND SUP19 PRESS GENOCIDE IN SUDAN.— 

20 (1) IN GENERAL.—Section 6 of the Darfur 

21 Peace and Accountability Act of 2006 (Public Law 

22 109–344; 50 U.S.C. 1701 note) is amended— 

23 (A) in the section heading, by striking 

24 ‘‘GENOCIDE IN DARFUR’’ and inserting 

25 ‘‘HUMAN RIGHTS VIOLATIONS IN SUDAN’’; 


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1 (B) by striking subsections (a) through 

2 (d); and 

3 (C) by redesignating subsections (e) and 

4 (f) as subsections (a) and (b), respectively. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents for such Act is amended by striking the item 

7 relating to section 6 and inserting the following: 

‘‘Sec. 6. Additional authorities to deter and suppress human rights violations 

in Sudan.’’. 

8 (d) CONTINUATION OF RESTRICTIONS.—Section 7(a) 

9 of the Darfur Peace and Accountability Act of 2006 (Pub10 lic Law 109–344; 50 U.S.C. 1701 note) is amended by 

11 striking ‘‘the Government of Sudan is acting in good faith 

12 to’’ and all that follows and inserting ‘‘the Government 

13 of Sudan has met the requirements described in para14 graphs (1) through (10) of section 12 of the Sudan Peace, 

15 Security, and Accountability Act of 2012’’. 

16 (e) REPORTING REQUIREMENTS.—The Sudan Peace 

17 Act (Public Law 107–245; 50 U.S.C. 1701 note) is 

18 amended by striking section 8. 

19 SEC. 11. REPORT. 

20 (a) REPORT REQUIRED.—Not later than one year 

21 after the transmission of the strategy required under sec22 tion 5 and every 180 days thereafter, the President shall 

23 prepare and transmit to the appropriate congressional 


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1 committees a report on the progress made toward the im2 plementation of the strategy. 

3 (b) CONTENTS.—The report required under sub4 section (a) shall include— 

5 (1) a description and evaluation of actions 

6 taken toward the implementation of the comprehen7 sive strategy required under section 5; 

8 (2) a description of efforts to identify any per9 son or government that has engaged in any action 

10 under section 6 that would trigger the imposition of 

11 sanctions under section 7; 

12 (3) a description of efforts to renew engage13 ment with key regional and international actors, in14 cluding the African Union, the United Nations, the 

15 European Union, the League of Arab States, China, 

16 Russia, Ethiopia, Qatar, Turkey, and other govern17 ments and persons that have significant influence or 

18 interests related to Sudan on the issue of sanctions 

19 with respect to Sudan; 

20 (4) a description of efforts taken and progress 

21 made to update and expand the sanctions regime to 

22 target and include Government of Sudan and per23 sons who have committed serious human rights vio24 lations in Sudan; 


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1 (5) a description of efforts to work with the Af2 rican Union, the United Nations, the European 

3 Union, the League of Arab States, China, Russia, 

4 Ethiopia, Qatar, Turkey, and other governments and 

5 persons that have significant influence or interests 

6 related to Sudan to develop a comprehensive ap7 proach to Sudan’s many conflicts and engage the 

8 Government of Sudan in achieving a comprehensive 

9 agreement for democratic reform; and 

10 (6) a description of efforts to ensure, and the 

11 degree of success in ensuring, free and unfettered 

12 access and delivery of humanitarian aid to those in13 dividuals who need it, protect civilians from attack, 

14 and the cessation of attacks on noncombatants. 

15 (c) FORM.—The report under subsection (a) shall be 

16 submitted in unclassified form, but may include a classi17 fied annex. 

18 SEC. 12. TERMINATION OF SANCTIONS. 

19 The imposition of sanctions under sections 6 and 7 

20 and the restrictions under sections 8 and 9 shall terminate 

21 on the date that is 30 days after the date on which the 

22 President certifies to the appropriate congressional com23 mittees that the Government of Sudan has— 


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1 (1) abided by all United Nations Security 

2 Council Resolutions related to peace and humani3 tarian issues in Sudan; 

4 (2) permanently ceased all attacks on non5 combatants throughout Sudan; 

6 (3) demobilized and demilitarized any person 

7 controlled or supported by the Government of Sudan 

8 which has committed or assisted in serious human 

9 rights violations; 

10 (4) cooperated with efforts to disarm, demobi11 lize, and deny safe haven in Sudan to members of 

12 the Lord’s Resistance Army; 

13 (5) granted free and unfettered access for deliv14 ery of humanitarian assistance; 

15 (6) allowed for the safe and voluntary return of 

16 refugees and internally displaced persons; 

17 (7) provided genuine accountability for persons 

18 who have committed or assisted in serious human 

19 rights violations, including those persons with polit20 ical or military command authority; 

21 (8) permitted free, transparent, and all-inclu22 sive democratic reform in Sudan, with a constitu23 tional process leading to free and fair elections hav24 ing occurred or scheduled to occur in a reasonable 

25 amount of time; 


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1 (9) complied in substance and spirit with all 

2 peace agreements signed since 2006, including the 

3 Darfur Peace Agreement (Abuja), the Doha Docu4 ment for Peace in Darfur, all existing agreements 

5 with South Sudan, and any future agreements that 

6 may be reached to achieve the goals of this Act; and 

7 (10) negotiated in good faith for a resolution of 

8 all conflicts in Sudan. 

Æ 


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