IIB 

110TH CONGRESS 

1ST SESSION H. R. 180 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Received 

AUGUST 3, 2007 

Read twice and referred to the Committee on Banking, Housing, and Urban 

Affairs 

AN ACT 

To require the identification of companies that conduct business operations in Sudan, to prohibit United States Government contracts with such companies, 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. 

2 This Act may be cited as the ‘‘Darfur Accountability 

3 and Divestment Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds as follows: 

6 (1) In the 108th Congress, the House of Rep7 resentatives adopted House Concurrent Resolution 

8 467 on July 22, 2004, by a unanimous vote of 422– 

9 0, which— 

10 (A) declares that the atrocities unfolding 

11 in the Darfur region of Sudan are genocide; 

12 (B) declares that the Government of 

13 Sudan has violated the Convention on the Pre14 vention and Punishment of the Crime of Geno15 cide; 

16 (C) urges the Administration to seriously 

17 consider multilateral intervention to stop geno18 cide in Darfur should the United Nations Secu19 rity Council fail to act; and 

20 (D) calls on the Administration to impose 

21 targeted sanctions, including visa bans and the 

22 freezing of assets of the Sudanese National 

23 Congress and affiliated business and individuals 

24 directly responsible for the atrocities in Darfur. 

25 (2) In the 109th Congress, the House of Rep26 resentatives passed H.R. 3127, the Darfur Peace 


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1 and Accountability Act of 2006, on April 5, 2006, 

2 by a vote of 416–3, which— 

3 (A) appeals to the international commu4 nity, including the United Nations, the Euro5 pean Union, and the North Atlantic Treaty Or6 ganization (NATO), to immediately mobilize 

7 sufficient political, military, and financial re8 sources to support and expand the African 

9 Union Mission in Sudan (AMIS); 

10 (B) blocks assets and restricts travel of 

11 any individual the President determines is re12 sponsible for acts of genocide, war crimes, or 

13 crimes against humanity in the Darfur region 

14 of Sudan; and 

15 (C) offers United States support for the 

16 International Criminal Court’s efforts to pros17 ecute those responsible for acts of genocide in 

18 Darfur. 

19 (3) On September 9, 2004, former Secretary of 

20 State Colin Powell stated before the Committee on 

21 Foreign Relations of the Senate that genocide was 

22 being committed in the Darfur region of Sudan and 

23 that the Government of Sudan and the government24 supported Janjaweed militias bear responsibility for 

25 the genocide. 


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1 (4) On September 21, 2004, President George 

2 W. Bush affirmed the Secretary of State’s finding in 

3 an address before the United Nations General As4 sembly, stating that the world is witnessing terrible 

5 suffering and horrible crimes in the Darfur region of 

6 Sudan, crimes the Government of the United States 

7 has concluded are genocide. 

8 (5) On May 29, 2007, President George W. 

9 Bush affirmed that the Government of Sudan is 

10 complicit in the bombing, murder, and rape of inno11 cent civilians in Darfur and again declared that 

12 these actions rightfully constitute genocide. 

13 (6) Although the Government of the United 

14 States currently bans United States companies from 

15 conducting business operations in Sudan, millions of 

16 Americans are inadvertently supporting the Govern17 ment of Sudan by investing in foreign companies 

18 that conduct business operations in Sudan that dis19 proportionately benefit the Sudanese regime in 

20 Khartoum. 

21 (7) Several States and governmental entities, 

22 through legislation and other means, have expressed 

23 their desire, or are considering measures— 


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1 (A) to divest any equity in, or to refuse to 

2 provide debt capital to, certain companies that 

3 operate in Sudan; 

4 (B) to disassociate themselves and the 

5 beneficiaries of their public pension and endow6 ment funds from directly or indirectly sup7 porting the Darfur genocide; and 

8 (C) to prohibit themselves from entering 

9 into or renewing contracts for the procurement 

10 of goods or services with certain companies that 

11 have a direct investment in, or conduct business 

12 operations in, Sudan. 

13 (8) California, Colorado, Florida, Hawaii, Indi14 ana, Illinois, Iowa, Kansas, Maine, Minnesota, New 

15 Jersey, New York, Oregon, Rhode Island, Texas and 

16 Vermont have passed legislation to divest State 

17 funds from companies that conduct business oper18 ations in Sudan. Massachusetts, Michigan, North 

19 Carolina, Ohio, Pennsylvania, South Carolina, and 

20 Wisconsin are considering legislation to divest State 

21 funds from companies that conduct business oper22 ations in Sudan. Arkansas, Connecticut, Maryland, 

23 and Ohio have passed non-binding divestment legis24 lation with respect to Sudan. 


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1 (9) Denver, Colorado, Los Angeles, California, 

2 Miami Beach, Florida, New Haven, Connecticut, 

3 Newton, Massachusetts, Philadelphia, Pennsylvania, 

4 Pittsburgh, Pennsylvania, Providence, Rhode Island, 

5 and San Francisco, California have passed legisla6 tion mandating divestment of city funds from com7 panies that conduct business operations in Sudan. 

8 (10) American University, Amherst College, An9 dover Newton Theological School, Boston University, 

10 Bowdoin College, Brandeis University, Brown Uni11 versity, Colby College, Columbia University, Con12 necticut College, Cornell University, Dartmouth Col13 lege, Drew University, Duke University, Emory Uni14 versity, Hampton University, Harvard University, 

15 Hendrix College, Howard University, Lee University, 

16 Massachusetts Institute of Technology, Middlebury 

17 College, Nazareth College, Northwestern University, 

18 Oberlin College, Queen’s University, Reconstruc19 tionist Rabbinical College, Regis University, 

20 Samford University, Seton Hall, Smith College, 

21 Stanford University, Swarthmore College, Trinity 

22 College, University of California, University of Colo23 rado, University of Connecticut, University of Den24 ver, University of Illinois, University of Maryland, 

25 University of Massachusetts, University of MinVerDate Aug 31 2005 00:33 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H180.RFS H180

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1 nesota, University of Pennsylvania, University of 

2 Rochester, University of Southern California, Uni3 versity of Vermont, University of Virginia, Univer4 sity of Washington, University of Wisconsin System, 

5 Vassar College, Wellesley College, Wheaton College, 

6 Williams College, and Yale University have divested 

7 their funds from or placed restrictions on investment 

8 of their funds in certain companies that conduct 

9 business operations in Sudan. 

10 (11) Divestment has proven effective in similar 

11 situations, as in 1986, when State pension funds 

12 and university endowments were divested from com13 panies that conducted business operations in South 

14 Africa, which was critical to ending apartheid in that 

15 country, and by 1994, when the first free elections 

16 in South Africa took place, a substantial number of 

17 States, counties, cities, universities, and colleges in 

18 the United States had adopted partial or total di19 vestment policies. 

20 (12) Economic pressure against the Govern21 ment of Sudan has been effective in pushing Sudan 

22 to cooperate with the United States on 

23 counterterrorism efforts and in part in agreeing to 

24 negotiations with the Sudan People’s Liberation 


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1 Army of South Sudan which resulted in the Com2 prehensive Peace Agreement of 2005. 

3 (13) Congress acknowledges that divestment 

4 should be used sparingly and under extraordinary 

5 circumstances. This Act is based on unique cir6 cumstances, specifically, the reprehensible and ab7 horrent genocide occurring in Sudan. 

8 (14) The business operations of companies in 

9 countries that perpetrate grave abuses of human 

10 rights, especially the uniquely monstrous crime of 

11 genocide, are of concern to many United States in12 vestors and citizens even when these operations rep13 resent a small fraction of a company’s total busi14 ness. 

15 (15) State and city pension funds have rou16 tinely but unsuccessfully sought to acquire and uti17 lize data from the Federal Government on compa18 nies for investment decisions. 

19 (16) There is an increasing interest by States, 

20 local governments, educational institutions, and pri21 vate institutions to seek to disassociate themselves 

22 from companies that support the Government of 

23 Sudan. 

24 (17) Policy makers and fund managers may 

25 find moral, prudential, or reputational reasons to diVerDate Aug 31 2005 00:33 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H180.RFS H180

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1 vest from companies that accept the business risk of 

2 operating in countries that are subject to inter3 national economic sanctions or that have business 

4 relationships with countries, governments, or entities 

5 with which any United States company would be 

6 prohibited from dealing because of economic sanc7 tions imposed by the United States. 

8 (18) The world community has a moral obliga9 tion to work to do everything possible to stop the on10 going genocidal practices of the Government of 

11 Sudan in the Darfur region. 

12 SEC. 3. TRANSPARENCY IN CAPITAL MARKETS. 

13 (a) LIST OF PERSONS DIRECTLY INVESTING IN OR

14 CONDUCTING BUSINESS OPERATIONS IN CERTAIN SUDA15 NESE SECTORS.— 

16 (1) PUBLICATION OF LIST.—Not later than 6 

17 months after the date of the enactment of this Act 

18 and every 6 months thereafter, the Secretary of the 

19 Treasury, in consultation with the Secretary of En20 ergy, the Secretary of State, the Securities and Ex21 change Commission, and the heads of other appro22 priate Federal departments and agencies, shall, 

23 using only publicly available (including proprietary) 

24 information, ensure publication in the Federal Reg25 ister of a list of each person, whether within or outVerDate Aug 31 2005 00:33 Aug 06, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H180.RFS H180

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1 side of the United States, that, as of the date of the 

2 publication, has a direct investment in, or is con3 ducting, business operations in Sudan’s power pro4 duction, mineral extraction, oil-related, or military 

5 equipment industries, subject to paragraph (2). To 

6 the extent practicable, the list shall include a de7 scription of the investment made by each such per8 son, including the dollar value, intended purpose, 

9 and status of the investment, as of the date of the 

10 publication. 

11 (2) EXCEPTIONS.—The Secretary of the Treas12 ury shall exclude a person from the list if all of the 

13 business operations by reason of which the person 

14 would otherwise be included on the list— 

15 (A) are conducted under contract directly 

16 and exclusively with the regional government of 

17 southern Sudan; 

18 (B) are conducted under a license from the 

19 Office of Foreign Assets Control, or are ex20 pressly exempted under Federal law from the 

21 requirement to be conducted under such a li22 cense; 

23 (C) consist of providing goods or services 

24 to marginalized populations of Sudan; 


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1 (D) consist of providing goods or services 

2 to an internationally recognized peacekeeping 

3 force or humanitarian organization; 

4 (E) consist of providing goods or services 

5 that are used only to promote health or edu6 cation; 

7 (F) are conducted by a person that has 

8 also undertaken significant humanitarian ef9 forts as described in section 10(14)(B); 

10 (G) have been voluntarily suspended; or 

11 (H) will cease within 1 year after the 

12 adoption of a formal plan to cease the oper13 ations, as determined by the Secretary. 

14 (3) CONSIDERATION OF SCRUTINIZED BUSINESS

15 OPERATIONS.—The Secretary of the Treasury 

16 should give serious consideration to including on the 

17 list any company that has a scrutinized business op18 eration with respect to Sudan (within the meaning 

19 of section 10(4)). 

20 (4) PRIOR NOTICE TO PERSONS.—The Sec21 retary of the Treasury shall, at least 30 days before 

22 the list is published under paragraph (1), notify 

23 each person that the Secretary intends to include on 

24 the list. 


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1 (5) DELAY IN INCLUDING PERSONS ON THE

2 LIST.—After notifying a person under paragraph 

3 (4), the Secretary of the Treasury may delay includ4 ing that person on the list for up to 60 days if the 

5 Secretary determines and certifies to the Congress 

6 that the person has taken specific and effective ac7 tions to terminate the involvement of the person in 

8 the activities that resulted in the notification under 

9 paragraph (4). 

10 (6) REMOVAL OF PERSONS FROM THE LIST.— 

11 The Secretary of the Treasury may remove a person 

12 from the list before the next publication of the list 

13 under paragraph (1) if the Secretary determines 

14 that the person no longer has a direct investment in 

15 or is no longer conducting business operations as de16 scribed in paragraph (1). 

17 (7) ADVANCE NOTICE TO CONGRESS.—Not later 

18 than 30 days (or, in the case of the first such list, 

19 60 days) before the date by which paragraph (1) re20 quires the list to be published, the Secretary of the 

21 Treasury shall submit to the Committees on Finan22 cial Services, on Education and Labor, and on Over23 sight and Government Reform of the House of Rep24 resentatives and the Committees on Banking, Hous25 ing, and Urban Affairs, on Health, Education, 


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1 Labor, and Pensions, and on Homeland Security 

2 and Governmental Affairs of the Senate a copy of 

3 the list which the Secretary intends to publish under 

4 paragraph (1). 

5 (b) PUBLICATION ON WEBSITE.—The Secretary of 

6 the Treasury shall ensure that the list is published on an 

7 appropriate, publicly accessible government website, up8 dating the list as necessary to take into account any per9 son removed from the list under subsection (a)(6). 

10 (c) DEFINITION.—In this section, the term ‘‘invest11 ment’’ has the meaning given in section 4(b)(3). 

12 SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS 

13 TO DIVEST FROM CERTAIN COMPANIES DI14 RECTLY INVESTED IN CERTAIN SUDANESE 

15 SECTORS. 

16 (a) STATEMENT OF POLICY.—It is the policy of the 

17 United States to support the decision of any State or local 

18 government to divest from, and to prohibit the investment 

19 of assets controlled by the State or local government in, 

20 persons on— 

21 (1) the list most recently published under sec22 tion 3(a)(1), as modified under section 3(a)(6); or 

23 (2) any list developed by the State or local gov24 ernment for the purpose of divestment from certain 


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1 persons described in subsection (b)(1)(B) of this sec2 tion. 

3 (b) AUTHORITY TO DIVEST.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, a State or local government may 

6 adopt and enforce measures to divest the assets of 

7 the State or local government from, or prohibit in8 vestment of the assets of the State or local govern9 ment in— 

10 (A) persons that are included on the list 

11 most recently published under section 3(a)(1) of 

12 this Act, as modified under section 3(a)(6) of 

13 this Act; or 

14 (B) persons having a direct investment in, 

15 or carrying on a trade or business (within the 

16 meaning of section 162 of the Internal Revenue 

17 Code of 1986) in Sudan or with the Govern18 ment of Sudan, if the measures require the 

19 State or local government, as the case may be, 

20 to the maximum extent practicable, to— 

21 (i) provide written notice to each per22 son to whom the measures are to be ap23 plied; and 

24 (ii) not apply the measures to a per25 son— 


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1 (I) before the end of the 90-day 

2 period beginning with the date written 

3 notice is provided to the person pursu4 ant to clause (i); or 

5 (II) if the person demonstrates to 

6 the State or local government, as the 

7 case may be, that the person is no 

8 longer involved in the activities by 

9 reason of which the measures would 

10 otherwise be applied to the person. 

11 (2) APPLICABILITY.—This subsection applies to 

12 measures adopted by a State or local government be13 fore, on, or after the date of the enactment of this 

14 Act. 

15 (3) DEFINITIONS.—In this subsection: 

16 (A) INVESTMENT.—The ‘‘investment’’ of 

17 assets includes— 

18 (i) a commitment or contribution of 

19 assets; and 

20 (ii) a loan or other extension of credit 

21 of assets. 

22 (B) ASSETS.—The term ‘‘assets’’ refers to 

23 public monies and includes any pension, retire24 ment, annuity, or endowment fund, or similar 


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1 instrument, that is controlled, directly or indi2 rectly, by a State or local government. 

3 (c) PREEMPTION.—A measure of a State or local gov4 ernment that is authorized by subsection (b) is not pre5 empted by any Federal law or regulation. 

6 SEC. 5. SENSE OF THE CONGRESS. 

7 It is the sense of the Congress that a divestment 

8 measure authorized under section 4 or a measure author9 ized under section 9 to prohibit State or local contracts 

10 would not violate the United States Constitution because 

11 such a measure— 

12 (1) is not pre-empted under the Supremacy 

13 Clause; 

14 (2) is authorized by the Congress as an appro15 priate measure with regard to interstate or foreign 

16 commerce; and 

17 (3) is authorized by the Congress as a measure 

18 that promotes the foreign policy of the United 

19 States. 

20 SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT 

21 POLICIES BY ASSET MANAGERS. 

22 Section 13 of the Investment Company Act of 1940 

23 (15 U.S.C. 80a–13) is amended by adding at the end the 

24 following new subsection: 


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1 ‘‘(c) SAFE HARBOR FOR CHANGES IN INVESTMENT

2 POLICIES.—Notwithstanding any other provision of Fed3 eral or State law, no person may bring any civil, criminal, 

4 or administrative action against any registered investment 

5 company or person providing services to such registered 

6 investment company (including its investment adviser), or 

7 any employee, officer, or director thereof, based solely 

8 upon the investment company divesting from, or avoiding 

9 investing in, securities issued by companies that are in10 cluded on the list most recently published under section 

11 3(a)(1) of the Darfur Accountability and Divestment Act, 

12 as modified under section 3(a)(6) of that Act. For pur13 poses of this subsection the term ‘person’ shall include the 

14 Federal government, and any State or political subdivision 

15 of a State.’’. 

16 SEC. 7. SAFE HARBOR FOR CHANGES OF INVESTMENT 

17 POLICIES BY EMPLOYEE BENEFIT PLANS. 

18 Section 404 of the Employee Retirement Income Se19 curity Act of 1974 (29 U.S.C. 1104) is amended by adding 

20 at the end the following new subsection: 

21 ‘‘(n) No person shall be treated as breaching any of 

22 the responsibilities, obligations, or duties imposed upon fi23 duciaries by this title for divesting plan assets from, or 

24 avoiding investing plan assets in, persons that are included 

25 on the list most recently published under section 3(a)(1) 


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1 of the Darfur Accountability and Divestment Act, as 

2 modified under section 3(a)(6) of such Act. Any divesti3 ture of plan assets from, or avoidance of investing plan 

4 assets in, persons that are included on such list shall be 

5 treated as in accordance with this title and the documents 

6 and instruments governing the plan.’’. 

7 SEC. 8. PROHIBITION ON UNITED STATES GOVERNMENT 

8 CONTRACTS. 

9 (a) PROHIBITION.—Notwithstanding any other provi10 sion of law, the Government of the United States shall 

11 not enter into or renew a contract for the procurement 

12 of goods or services with persons that are included on the 

13 list most recently published under section 3(a)(1), as 

14 modified under section 3(a)(6). 

15 (b) WAIVER AUTHORITY.—The President may waive 

16 the prohibition in subsection (a) on a case-by-case basis 

17 if the President determines and certifies in writing to the 

18 Congress that it is important to the national security in19 terests of the United States to do so. 

20 SEC. 9. AUTHORITY OF STATE AND LOCAL GOVERNMENTS 

21 TO PROHIBIT CONTRACTS. 

22 (a) STATEMENT OF POLICY.—It is the policy of the 

23 United States to support the decision of any State or local 

24 government to prohibit the State or local government, as 


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1 the case may be, from entering into or renewing a contract 

2 as described in subsection (b). 

3 (b) AUTHORITY TO PROHIBIT CONTRACTS.—Not4 withstanding any other provision of law, a State or local 

5 government may adopt and enforce measures to prohibit 

6 the State or local government, as the case may be, from 

7 entering into or renewing a contract for the procurement 

8 of goods or services with persons that are included on the 

9 list most recently published under section 3(a)(1), as 

10 modified under section 3(a)(6). 

11 SEC. 10. DEFINITIONS. 

12 For purposes of this Act: 

13 (1) PERSON.—The term ‘‘person’’, except in 

14 paragraph (6), means— 

15 (A) a natural person as well as a corpora16 tion, company, business association, partner17 ship, society, trust, any other nongovernmental 

18 entity, organization, or group; 

19 (B) any governmental entity or instrumen20 tality of a government, including a multilateral 

21 development institution (as defined in section 

22 1701(c)(3) of the International Financial Insti23 tutions Act); and 


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1 (C) any successor, subunit, or subsidiary of 

2 any entity described in subparagraph (A) or 

3 (B). 

4 (2) STATE.—The term ‘‘State’’ includes the 

5 District of Columbia, the Commonwealth of Puerto 

6 Rico, the United States Virgin Islands, Guam, 

7 American Samoa, and the Commonwealth of the 

8 Northern Mariana Islands. 

9 (3) STATE OR LOCAL GOVERNMENT.— 

10 (A) IN GENERAL.—The term ‘‘State or 

11 local government’’ includes— 

12 (i) any State and any agency or in13 strumentality thereof; 

14 (ii) any local government within a 

15 State, and any agency or instrumentality 

16 thereof; 

17 (iii) any other governmental instru18 mentality; and 

19 (iv) any public institution of higher 

20 education. 

21 (B) PUBLIC INSTITUTION OF HIGHER EDU22 CATION.—The term ‘‘public institution of high23 er education’’ means a public institution of 

24 higher education within the meaning of the 

25 Higher Education Act of 1965. 


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1 (4) SCRUTINIZED BUSINESS OPERATION.—A 

2 company has a scrutinized business operation with 

3 respect to Sudan if— 

4 (A)(i) the company has business operations 

5 that involve contracts with or provision of sup6 plies or services to— 

7 (I) the Government of Sudan; 

8 (II) a company in which the Govern9 ment of Sudan has any direct or indirect 

10 equity share; 

11 (III) a consortium or project commis12 sioned by the Government of Sudan; or 

13 (IV) a company involved in a consor14 tium or project commissioned by the Gov15 ernment of Sudan; and 

16 (ii)(I)(aa) more than 10 percent of the rev17 enues or assets of the company that are linked 

18 to Sudan involve oil-related activities or mineral 

19 extraction activities; 

20 (bb) less than 75 percent of the revenues 

21 or assets of the company that are linked to 

22 Sudan involve contracts with, or provision of 

23 oil-related or mineral extracting products or 

24 services to the regional government of southern 


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1 Sudan or a project or consortium created exclu2 sively by that regional government; and 

3 (cc) the company has failed to take sub4 stantial action with respect to the business op5 erations referred to in clause (i) of this sub6 paragraph or as described in subparagraph (B) 

7 or (C) of paragraph (14); or 

8 (II)(aa) more than 10 percent of the reve9 nues or assets of the company that are linked 

10 to Sudan involve power production activities; 

11 (bb) less than 75 percent of the power pro12 duction activities of the company include 

13 projects whose intent is to provide power or 

14 electricity to the marginalized populations of 

15 Sudan; and 

16 (cc) the company has failed to take sub17 stantial action with respect to the business op18 erations referred to in clause (i) of this sub19 paragraph or as described in subparagraph (B) 

20 or (C) of paragraph (14); 

21 (B) the company supplies military equip22 ment in Sudan, unless the company clearly 

23 shows that— 


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1 (i) the military equipment cannot be 

2 used to facilitate offensive military actions 

3 in Sudan; or 

4 (ii) the company implements rigorous 

5 and verifiable safeguards to prevent use of 

6 the equipment by forces actively partici7 pating in armed conflict, including 

8 through— 

9 (I) post-sale tracking of the 

10 equipment by the company; 

11 (II) certification from a reputable 

12 and objective third party that such 

13 equipment is not being used by a 

14 party participating in armed conflict 

15 in Sudan; or 

16 (III) sale of the equipment solely 

17 to the regional government of south18 ern Sudan or any internationally rec19 ognized peacekeeping force or humani20 tarian organization; or 

21 (C) the Secretary of the Treasury has de22 termined that the company has been complicit 

23 in the Darfur genocide. 

24 (5) BUSINESS OPERATIONS.—The term ‘‘busi25 ness operations’’ means engaging in commerce in 


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1 any form in Sudan, including by acquiring, devel2 oping, maintaining, owning, selling, possessing, leas3 ing, or operating equipment, facilities, personnel, 

4 products, services, personal property, real property, 

5 or any other apparatus of business or commerce. 

6 (6) COMPANY.—The term ‘‘company’’ means 

7 any natural person, legal person, sole proprietorship, 

8 organization, association, corporation, partnership, 

9 firm, joint venture, franchisor, franchisee, financial 

10 institution, utility, public franchise, trust, enterprise, 

11 limited partnership, limited liability partnership, lim12 ited liability company, or other business entity or as13 sociation, including all wholly-owned subsidiaries, 

14 majority-owned subsidiaries, parent companies, or 

15 affiliates of such business entities or associations, 

16 that exists for profit-making purposes. 

17 (7) COMPLICIT.—The term ‘‘complicit’’ means 

18 has taken actions in the preceding 20 months which 

19 have directly supported or promoted the genocidal 

20 campaign in Darfur, including preventing Darfur’s 

21 victimized population from communicating with each 

22 other, encouraging Sudanese citizens to speak out 

23 against an internationally approved security force 

24 for Darfur, actively working to deny, cover up, or 


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1 alter evidence of human rights abuses in Darfur, or 

2 other similar actions. 

3 (8) GOVERNMENT OF SUDAN.—The term ‘‘Gov4 ernment of Sudan’’ means the government in Khar5 toum, Sudan, which is led by the National Congress 

6 Party (formerly known as the National Islamic 

7 Front) or any successor government formed on or 

8 after October 13, 2006 (including the coalition Na9 tional Unity Government agreed upon in the Com10 prehensive Peace Agreement for Sudan), and does 

11 not include the regional government of southern 

12 Sudan. 

13 (9) MARGINALIZED POPULATIONS OF SUDAN.— 

14 The term ‘‘marginalized populations of Sudan’’ in15 cludes— 

16 (A) the portion of the population in the 

17 Darfur region that has been victimized; 

18 (B) the portion of the population of south19 ern Sudan victimized by Sudan’s North-South 

20 civil war; 

21 (C) the Beja, Rashidiya, and other simi22 larly affected groups of eastern Sudan; 

23 (D) the Nubian and other similarly af24 fected groups in Sudan’s Abyei, Southern Blue 

25 Nile, and Nuba Mountain regions; and 


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1 (E) the Amri, Hamadab, Manasir, and 

2 other similarly affected groups of northern 

3 Sudan. 

4 (10) MILITARY EQUIPMENT.—The term ‘‘mili5 tary equipment’’ means— 

6 (A) weapons, arms, military supplies, and 

7 equipment that readily may be used for military 

8 purposes, including radar systems or military9 grade transport vehicles; or 

10 (B) supplies or services sold or provided di11 rectly or indirectly to any force actively partici12 pating in armed conflict in Sudan. 

13 (11) MINERAL EXTRACTION ACTIVITIES.—The 

14 term ‘‘mineral extraction activities’’ includes— 

15 (A) exploring, extracting, processing, 

16 transporting, or wholesale selling or trading of 

17 elemental minerals or associated metal alloys or 

18 oxides (ore), including gold, copper, chromium, 

19 chromite, diamonds, iron, iron ore, silver, tung20 sten, uranium, and zinc, and 

21 (B) facilitating any activity described in 

22 subparagraph (A), including by providing sup23 plies or services in support of the activity. 

24 (12) OIL-RELATED ACTIVITIES.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the term ‘‘oil-related activi3 ties’’ includes— 

4 (i) exporting, extracting, producing, 

5 refining, processing, exploring for, trans6 porting, selling, or trading oil; 

7 (ii) constructing, maintaining, or op8 erating a pipeline, refinery, or other oilfield 

9 infrastructure; and 

10 (iii) facilitating any activity described 

11 in clause (i) or (ii), including by providing 

12 supplies or services in support of the activ13 ity. 

14 (B) SPECIAL RULES.— 

15 (i) A company that is involved in the 

16 retail sale of gasoline or related consumer 

17 products in Sudan but is not involved in 

18 any other activity described in subpara19 graph (A) shall not be considered to be in20 volved in an oil-related activity. 

21 (ii) A company that is involved in 

22 leasing, or that owns, rights to an oil block 

23 in Sudan but is not involved in any other 

24 activity described in subparagraph (A) 


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1 shall not be considered to be involved in an 

2 oil-related activity. 

3 (13) POWER PRODUCTION ACTIVITIES.—The 

4 term ‘‘power production activities’’ means— 

5 (A) any business operation that involves a 

6 project commissioned by the National Elec7 tricity Corporation of Sudan or other similar 

8 Government of Sudan entity whose purpose is 

9 to facilitate power generation and delivery, in10 cluding establishing power-generating plants or 

11 hydroelectric dams, selling or installing compo12 nents for the project, providing service con13 tracts related to the installation or maintenance 

14 of the project; and 

15 (B) facilitating an activity described in 

16 subparagraph (A), including by providing sup17 plies or services in support of the activity. 

18 (14) SUBSTANTIAL ACTION.—The term ‘‘sub19 stantial action’’ means— 

20 (A) adopting, publicizing, and imple21 menting a formal plan to cease scrutinized busi22 ness operations within 1 year after the date of 

23 the enactment of this Act, and refraining from 

24 any new scrutinized business operations; 


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1 (B) undertaking significant humanitarian 

2 efforts— 

3 (i) in conjunction with an inter4 national development or humanitarian or5 ganization, the regional government of 

6 southern Sudan, or a non-profit entity; 

7 (ii) substantial in relationship to the 

8 size and scope of the business operations 

9 with respect to Sudan; 

10 (iii) of benefit to 1 or more 

11 marginalized populations of Sudan; and 

12 (iv) evaluated and certified by an 

13 independent third party to meet the re14 quirements of clauses (i) through (iii); or 

15 (C) materially improving conditions for the 

16 victimized population in Darfur. 

17 SEC. 11. SENSE OF THE CONGRESS. 

18 It is the sense of the Congress that the governments 

19 of all other countries should adopt measures, similar to 

20 those contained in this Act, to publicize the activities of 

21 all persons that, through their financial dealings, know22 ingly or unknowingly enable the Government of Sudan to 

23 continue to oppress and commit genocide against people 

24 in the Darfur region and other regions of Sudan, and to 


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1 authorize divestment from, and the avoidance of further 

2 investment in, the persons. 

3 SEC. 12. SUNSET. 

4 This Act shall terminate 30 days after the date on 

5 which— 

6 (1) the President has certified to Congress 

7 that— 

8 (A) the Darfur genocide has been halted 

9 for at least 12 months; and 

10 (B) the Government of Sudan has honored 

11 its commitments to— 

12 (i) abide by United Nations Security 

13 Council Resolution 1706; 

14 (ii) cease attacks on civilians; 

15 (iii) demobilize and demilitarize the 

16 Janjaweed and associated militias; 

17 (iv) grant free and unfettered access 

18 for delivery of humanitarian assistance; 

19 and 

20 (v) allow for the safe and voluntary 

21 return of refugees and internally displaced 

22 persons; and 

23 (2) the United States has revoked all sanctions 

24 against the Government of Sudan and the officials 


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1 of such government, including sanctions authorized 

2 by— 

3 (A) the Sudan Peace Act (Public Law 

4 107–245); 

5 (B) the Comprehensive Peace in Sudan 

6 Act of 2004 (Public Law 108–497); 

7 (C) the USA PATRIOT Improvement and 

8 Reauthorization Act of 2005 (Public Law 109– 

9 177); 

10 (D) the Darfur Peace and Accountability 

11 Act of 2006 (Public Law 109–344); and 

12 (E) any other Federal law or Executive 

13 order. 

Passed the House of Representatives July 31, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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