PUBLIC LAW 109–344—OCT. 13, 2006 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress 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. 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

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Darfur Peace and

Accountability

Act of 2006.

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note.

Oct. 13, 2006

[H.R. 3127]

120 STAT. 1870 PUBLIC LAW 109–344—OCT. 13, 2006

(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. 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.

120 STAT. 1872 PUBLIC LAW 109–344—OCT. 13, 2006

(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

PUBLIC LAW 109–344—OCT. 13, 2006 120 STAT. 1873

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. 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 Partyled 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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120 STAT. 1874 PUBLIC LAW 109–344—OCT. 13, 2006

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;

PUBLIC LAW 109–344—OCT. 13, 2006 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. 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 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

Effective date.

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120 STAT. 1876 PUBLIC LAW 109–344—OCT. 13, 2006

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 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. 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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Effective date.

PUBLIC LAW 109–344—OCT. 13, 2006 120 STAT. 1877

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).

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(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. 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.

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SEC. 8. 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 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

Effective date.

50 USC 1701

note.

120 STAT. 1880 PUBLIC LAW 109–344—OCT. 13, 2006

(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 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. 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—

50 USC 1701

note.

President.

PUBLIC LAW 109–344—OCT. 13, 2006 120 STAT. 1881

LEGISLATIVE HISTORY—H.R. 3127 (S. 1462) (S. 3884):

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.

Æ

‘‘(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.