PUBLIC LAW 107–99—DEC. 21, 2001

ZIMBABWE DEMOCRACY AND ECONOMIC

RECOVERY ACT OF 2001

115 STAT. 962 PUBLIC LAW 107–99—DEC. 21, 2001

Public Law 107–99

107th Congress

An Act

To provide for a transition to democracy and to promote economic recovery in

Zimbabwe.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Zimbabwe Democracy and Economic Recovery Act of 2001’’.

SEC. 2. STATEMENT OF POLICY.

It is the policy of the United States to support the people

of Zimbabwe in their struggle to effect peaceful, democratic change,

achieve broad-based and equitable economic growth, and restore

the rule of law.

SEC. 3. DEFINITIONS.

In this Act:

(1) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term

‘‘international financial institutions’’ means the multilateral

development banks and the International Monetary Fund.

(2) MULTILATERAL DEVELOPMENT BANKS.—The term ‘‘multilateral development banks’’ means the International Bank for

Reconstruction and Development, the International Development Association, the International Finance Corporation, the

Inter-American Development Bank, the Asian Development

Bank, the Inter-American Investment Corporation, the African

Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.

SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC

RECOVERY.

(a) FINDINGS.—Congress makes the following findings:

(1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic

Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for

Reconstruction and Development and International Monetary

Fund programs, which would otherwise be providing substantial

resources to assist in the recovery and modernization of

Zimbabwe’s economy. The people of Zimbabwe have thus been

denied the economic and democratic benefits envisioned by

the donors to such programs, including the United States.

Zimbabwe

Democracy and

Economic

Recovery Act of

2001.

22 USC 2151

note.

Dec. 21, 2001

[S. 494]

PUBLIC LAW 107–99—DEC. 21, 2001 115 STAT. 963

(2) In September 1999 the IMF suspended its support

under a ‘‘Stand By Arrangement’’, approved the previous month,

for economic adjustment and reform in Zimbabwe.

(3) In October 1999, the International Development

Association (in this section referred to as the ‘‘IDA’’) suspended

all structural adjustment loans, credits, and guarantees to the

Government of Zimbabwe.

(4) In May 2000, the IDA suspended all other new lending

to the Government of Zimbabwe.

(5) In September 2000, the IDA suspended disbursement

of funds for ongoing projects under previously-approved loans,

credits, and guarantees to the Government of Zimbabwe.

(b) SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC

RECOVERY.—(1) BILATERAL DEBT RELIEF.—Upon receipt by the appropriate congressional committees of a certification described in

subsection (d), the Secretary of the Treasury shall undertake

a review of the feasibility of restructuring, rescheduling, or

eliminating the sovereign debt of Zimbabwe held by any agency

of the United States Government.

(2) MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL

ASSISTANCE.—It is the sense of Congress that, upon receipt

by the appropriate congressional committees of a certification

described in subsection (d), the Secretary of the Treasury

should—

(A) direct the United States executive director of each

multilateral development bank to propose that the bank

should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of

Zimbabwe held by that bank; and

(B) direct the United States executive director of each

international financial institution to which the United

States is a member to propose to undertake financial and

technical support for Zimbabwe, especially support that

is intended to promote Zimbabwe’s economic recovery and

development, the stabilization of the Zimbabwean dollar,

and the viability of Zimbabwe’s democratic institutions.

(c) MULTILATERAL FINANCING RESTRICTION.—Until the President makes the certification described in subsection (d), and except

as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States

executive director to each international financial institution to

oppose and vote against—

(1) any extension by the respective institution of any loan,

credit, or guarantee to the Government of Zimbabwe; or

(2) any cancellation or reduction of indebtedness owed by

the Government of Zimbabwe to the United States or any

international financial institution.

(d) PRESIDENTIAL CERTIFICATION THAT CERTAIN CONDITIONS

ARE SATISFIED.—A certification under this subsection is a certification transmitted to the appropriate congressional committees of

a determination made by the President that the following conditions

are satisfied:

(1) RESTORATION OF THE RULE OF LAW.—The rule of law

has been restored in Zimbabwe, including respect for ownership

and title to property, freedom of speech and association, and

an end to the lawlessness, violence, and intimidation sponsored,

115 STAT. 964 PUBLIC LAW 107–99—DEC. 21, 2001

condoned, or tolerated by the Government of Zimbabwe, the

ruling party, and their supporters or entities.

(2) ELECTION OR PRE-ELECTION CONDITIONS.—Either of the

following two conditions is satisfied:

(A) PRESIDENTIAL ELECTION.—Zimbabwe has held a

presidential election that is widely accepted as free and

fair by independent international monitors, and the president-elect is free to assume the duties of the office.

(B) PRE-ELECTION CONDITIONS.—In the event the certification is made before the presidential election takes

place, the Government of Zimbabwe has sufficiently

improved the pre-election environment to a degree consistent with accepted international standards for security

and freedom of movement and association.

(3) COMMITMENT TO EQUITABLE, LEGAL, AND TRANSPARENT

LAND REFORM.—The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent

land reform program consistent with agreements reached at

the International Donors’ Conference on Land Reform and

Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998.

(4) FULFILLMENT OF AGREEMENT ENDING WAR IN DEMOCRATIC REPUBLIC OF CONGO.—The Government of Zimbabwe

is making a good faith effort to fulfill the terms of the Lusaka,

Zambia, agreement on ending the war in the Democratic

Republic of Congo.

(5) MILITARY AND NATIONAL POLICE SUBORDINATE TO

CIVILIAN GOVERNMENT.—The Zimbabwean Armed Forces, the

National Police of Zimbabwe, and other state security forces

are responsible to and serve the elected civilian government.

(e) WAIVER.—The President may waive the provisions of subsection (b)(1) or subsection (c), if the President determines that

it is in the national interest of the United States to do so.

SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS

AND INDEPENDENT MEDIA, AND THE RULE OF LAW.

(a) IN GENERAL.—The President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance

Act of 1961 to—

(1) support an independent and free press and electronic

media in Zimbabwe;

(2) support equitable, legal, and transparent mechanisms

of land reform in Zimbabwe, including the payment of costs

related to the acquisition of land and the resettlement of

individuals, consistent with the International Donors’ Conference on Land Reform and Resettlement in Zimbabwe held

in Harare, Zimbabwe, in September 1998, or any subsequent

agreement relating thereto; and

(3) provide for democracy and governance programs in

Zimbabwe.

(b) FUNDING.—Of the funds authorized to be appropriated to

carry out part I and chapter 4 of part II of the Foreign Assistance

Act of 1961 for fiscal year 2002—

(1) $20,000,000 is authorized to be available to provide

the assistance described in subsection (a)(2); and

(2) $6,000,000 is authorized to be available to provide the

assistance described in subsection (a)(3).

PUBLIC LAW 107–99—DEC. 21, 2001 115 STAT. 965

LEGISLATIVE HISTORY—S. 494:

HOUSE REPORTS: No. 107–312, Pt. 1 (Comm. on International Relations).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Aug. 1, considered and passed Senate.

Dec. 4, considered and passed House, amended.

Dec. 11, Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Dec. 21, Presidential statement.

Æ

(c) SUPERSEDES OTHER LAWS.—The authority in this section

supersedes any other provision of law.

SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST

INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE

BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.

It is the sense of Congress that the President should begin

immediate consultation with the governments of European Union

member states, Canada, and other appropriate foreign countries

on ways in which to— (1) identify and share information regarding individuals

responsible for the deliberate breakdown of the rule of law,

politically motivated violence, and intimidation in Zimbabwe;

(2) identify assets of those individuals held outside

Zimbabwe;

(3) implement travel and economic sanctions against those

individuals and their associates and families; and

(4) provide for the eventual removal or amendment of those

sanctions.

Approved December 21, 2001.