I 

116TH CONGRESS 

2D SESSION H. R. 7682 

To support a civilian-led democratic transition, promote accountability for 

human rights abuses, and encourage fiscal transparency in Sudan, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2020 

Mr. ENGEL (for himself, Mr. MCCAUL, Ms. BASS, Mr. MCGOVERN, Mr. KILDEE, and Ms. LEE of California) introduced the following bill; which was 

referred to the Committee on Foreign Affairs, and in addition to the 

Committees on the Judiciary, and Financial Services, 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 support a civilian-led democratic transition, promote accountability for human rights abuses, and encourage fiscal transparency 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sudan Democratic 

5 Transition, Accountability, and Fiscal Transparency Act 

6 of 2020’’. 


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1 SEC. 2. DEFINITIONS. 

2 Except as otherwise provided, in this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Affairs and 

7 the Committee on Appropriations of the House 

8 of Representatives; and 

9 (B) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate. 

12 (2) INTERNATIONAL FINANCIAL INSTITU13 TIONS.—The term ‘‘international financial institu14 tions’’ means— 

15 (A) the International Monetary Fund; 

16 (B) the International Bank for Recon17 struction and Development; 

18 (C) the International Development Asso19 ciation; 

20 (D) the International Finance Corporation; 

21 (E) the Inter-American Development 

22 Bank; 

23 (F) the Asian Development Bank; 

24 (G) the Inter-American Investment Cor25 poration; 

26 (H) the African Development Bank; 


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1 (I) the European Bank for Reconstruction 

2 and Development; 

3 (J) the Multilateral Investment Guaranty 

4 Agency; and 

5 (K) any multilateral financial institution, 

6 established after the date of enactment of this 

7 Act, that could provide financial assistance to 

8 the Government of Sudan. 

9 (3) SOVEREIGNTY COUNCIL.—The term ‘‘Sov10 ereignty Council’’ means the governing body of 

11 Sudan during the transitional period that consists 

12 of— 

13 (A) five civilians selected by the Forces of 

14 Freedom and Change; 

15 (B) five members selected by the Transi16 tional Military Council; and 

17 (C) one member selected by agreement be18 tween the Forces of Freedom and Change and 

19 the Transitional Military Council. 

20 (4) SUDANESE SECURITY AND INTELLIGENCE

21 SERVICES.—The term ‘‘Sudanese security and intel22 ligence services’’ means— 

23 (A) the Sudan Armed Forces; 

24 (B) the Rapid Support Forces, 


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1 (C) Sudan’s Popular Defense Forces and 

2 other paramilitary units; 

3 (D) Sudan’s police forces; 

4 (E) the General Intelligence Service, pre5 viously known as the National Intelligence and 

6 Security Services; and 

7 (F) related entities, such as Sudan’s Mili8 tary Industry Corporation. 

9 (5) TRANSITIONAL PERIOD.—The term ‘‘transi10 tional period’’ means the 39-month period beginning 

11 on August 17, 2019, the date of the signing of Su12 dan’s constitutional charter, during which— 

13 (A) the members of the Sovereignty Coun14 cil described in paragraph (3)(B) select a chair 

15 of the Council for the first 21 months of the pe16 riod; and 

17 (B) the members of the Sovereignty Coun18 cil described in paragraph (3)(A) select a chair 

19 of the Council for the remaining 18 months of 

20 the period. 

21 SEC. 3. STATEMENT OF POLICY. 

22 It is the policy of the United States to— 

23 (1) support a civilian-led political transition in 

24 Sudan that results in a democratic government, that 

25 is accountable to its people, respects and promotes 


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1 human rights, is at peace internally and with its 

2 neighbors, and can be a partner for regional sta3 bility; 

4 (2) support the implementation of Sudan’s con5 stitutional charter for the transitional period; and 

6 (3) pursue a strategy of calibrated engagement 

7 with Sudan that includes— 

8 (A) facilitating an environment for free, 

9 fair, and credible democratic elections and a 

10 pluralistic and representative political system; 

11 (B) supporting reforms that improve trans12 parency and accountability, remove restrictions 

13 on civil and political liberties, and strengthen 

14 the protection of human rights, including reli15 gious freedom; 

16 (C) strengthening civilian institutions, ju17 dicial independence, and the rule of law; 

18 (D) empowering civil society and inde19 pendent media; 

20 (E) promoting national reconciliation and 

21 enabling a just, comprehensive, and sustainable 

22 peace; 

23 (F) promoting the role of women in gov24 ernment, the economy, and society, in recogni25 tion of the seminal role that women played in 


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1 the social movement that ousted former presi2 dent Omar al-Bashir; 

3 (G) promoting accountability for genocide, 

4 war crimes, crimes against humanity, and sex5 ual and gender-based violence; 

6 (H) encouraging the development of civil7 ian oversight over and professionalization of the 

8 Sudanese security and intelligence services and 

9 strengthening accountability for human rights 

10 violations and abuses, corruption, or other 

11 abuses of power; 

12 (I) promoting economic reform, private 

13 sector engagement, and inclusive economic de14 velopment while combating corruption and illicit 

15 economic activity, including that which involves 

16 the Sudanese security and intelligence services; 

17 (J) securing unfettered humanitarian ac18 cess across all regions of Sudan; 

19 (K) supporting improved development out20 comes, domestic resource mobilization, and 

21 catalyzing market-based solutions to improve 

22 access to health, education, water and sanita23 tion, and livelihoods; and 

24 (L) promoting responsible international 

25 and regional engagement. 


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1 SEC. 4. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE 

2 OF LAW, HUMAN RIGHTS, AND FUNDA3 MENTAL FREEDOMS. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the political transition in Sudan, following sev6 eral months of popular protests against the regime of 

7 Omar al-Bashir, represents an opportunity for the United 

8 States to support democracy, good governance, rule of law, 

9 human rights, and fundamental freedoms in Sudan. 

10 (b) IN GENERAL.—Notwithstanding any other provi11 sion of law (other than the Trafficking Victims Protection 

12 Act of 2000 or the Child Soldiers Prevention Act of 2008), 

13 the President is authorized to provide assistance under 

14 part I and chapter 4 of part II of the Foreign Assistance 

15 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 

16 to— 

17 (1) provide for democracy and governance pro18 grams that strengthen and build the capacity of rep19 resentative civilian government institutions, political 

20 parties, and civil society in Sudan; 

21 (2) support the organization of free, fair, and 

22 credible elections in Sudan; 

23 (3) provide technical support for legal and pol24 icy reforms that improve transparency and account25 ability and protect human rights, including religious 

26 freedom, and civil liberties in Sudan; 


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1 (4) support for human rights and fundamental 

2 freedoms, including the freedoms of religion or be3 lief; expression, including for members of the press, 

4 assembly; and association in Sudan; 

5 (5) support measures to improve and increase 

6 women’s participation in the political, economic, and 

7 social sectors of Sudan; and 

8 (6) support other related democracy, good gov9 ernance, rule of law, and fundamental freedom pro10 grams and activities. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

12 funds authorized to be appropriated to carry out part I 

13 and chapter 4 of part II of the Foreign Assistance Act 

14 of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for 

15 fiscal years 2021 and 2022, $20,000,000 is authorized to 

16 be appropriated for each such fiscal year to carry out this 

17 section. 

18 SEC. 5. SUPPORT FOR DEVELOPMENT PROGRAMS. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law (other than the Trafficking Victims Protection 

21 Act of 2000 or the Child Soldiers Prevention Act of 2008), 

22 the President is authorized to provide assistance under 

23 part I and chapter 4 of part II of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 

25 for programs in Sudan to— 


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1 (1) increase agricultural and livestock produc2 tivity; 

3 (2) promote economic growth, increase private 

4 sector productivity and advance market-based solu5 tions to address development challenges; 

6 (3) support women’s economic empowerment 

7 and economic opportunities for youth and previously 

8 marginalized populations; 

9 (4) improve equal access to quality basic edu10 cation; 

11 (5) support the capacity of universities to equip 

12 students to participate in a pluralistic and global so13 ciety through virtual exchange and other programs; 

14 (6) improve access to water, sanitation, and hy15 giene projects; 

16 (7) build the capacity of national and sub17 national government officials to support the trans18 parent management of public resources, promote 

19 good governance through combating corruption and 

20 improving accountability, increase economic produc21 tivity, and increase domestic resource mobilization; 

22 and 

23 (8) support other related economic assistance 

24 programs and activities. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 funds authorized to be appropriated to carry out part I 

3 and chapter 4 of part II of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for 

5 fiscal years 2021 and 2022, $80,000,000 is authorized to 

6 be appropriated, for each such fiscal year to carry out this 

7 section. 

8 SEC. 6. SUPPORT FOR CONFLICT MITIGATION. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law (other than the Trafficking Victims Protection 

11 Act of 2000 or the Child Soldiers Prevention Act of 2008), 

12 the President is authorized to provide assistance under 

13 part I and chapters 4, 5, and 6 of part II of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et 

15 seq., and 2348 et seq.) to— 

16 (1) support long-term peace and stability in 

17 Sudan by promoting national reconciliation and ena18 bling a just, comprehensive, and sustainable peace, 

19 especially in regions that have been underdeveloped 

20 or affected by war, such as the states of Darfur, 

21 South Kordofan, Blue Nile, Red Sea, and Kassala; 

22 (2) support civil society and other organizations 

23 working to address conflict prevention, mitigation, 

24 and resolution mechanisms and people-to-people rec25 onciliation in Sudan, especially those addressing 


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1 issues of marginalization and vulnerable groups, 

2 equal protection under the law, natural resource 

3 management, compensation and restoration of prop4 erty, voluntary return, and sustainable solutions for 

5 displaced persons and refugees; 

6 (3) strengthen civilian oversight of the Suda7 nese security and intelligence services and ensure 

8 that such services are not contributing to the perpet9 uation of conflict in Sudan and to the limitation of 

10 the civil liberties of all people in Sudan; 

11 (4) assist in the human rights vetting and pro12 fessional training of security force personnel due to 

13 be employed or deployed by the Sudanese security 

14 and intelligence services in regions that have been 

15 underdeveloped or affected by war, such as the 

16 states of Darfur, South Kordofan, Blue Nile, Red 

17 Sea, and Kassala, including members of any security 

18 forces being established pursuant to a peace agree19 ment relating to such regions; 

20 (5) support provisions of the Comprehensive 

21 Peace Agreement of 2005 and Abyei protocol, as ap22 propriate, unless otherwise superseded by a new 

23 agreement signed in good faith— 

24 (A) between stakeholders in this region 

25 and the Governments of Sudan and South 


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1 Sudan to hold a free, fair, and credible ref2 erendum on the status of Abyei; and 

3 (B) between stakeholders in this region 

4 and the Government of Sudan to support pop5 ular consultations on the status of the states of 

6 South Kordofan and Blue Nile; and 

7 (6) support other related conflict mitigation 

8 programs and activities. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

10 funds authorized to be appropriated to carry out part I 

11 and chapters 4 and 6 of part II of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 

13 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 

14 is authorized to be appropriated for each such fiscal year 

15 to carry out this section. 

16 SEC. 7. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, 

17 CRIMES AGAINST HUMANITY, AND GENOCIDE 

18 IN SUDAN. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that the Secretary of State should conduct robust 

21 diplomatic engagement to promote accountability and pro22 vide technical support to ensure that credible, transparent, 

23 and independent investigations of gross violations of 

24 human rights perpetrated by the Government of Sudan 


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1 under former President Omar al-Bashir and the Transi2 tional Military Council since June 30, 1989. 

3 (b) IN GENERAL.—Notwithstanding any other provi4 sion of law (other than the Trafficking Victims Protection 

5 Act of 2000 or the Child Soldiers Prevention Act of 2008), 

6 the President is authorized to provide assistance under 

7 part I and chapter 4 of part II of the Foreign Assistance 

8 Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 

9 to— 

10 (1) build the capacity of civilian investigators 

11 within and outside of Sudan on how to document, 

12 investigate, develop findings of, identify, and locate 

13 those responsible for war crimes, crimes against hu14 manity, or genocide in Sudan; 

15 (2) collect, document, and protect evidence of 

16 war crimes, crimes against humanity, and genocide 

17 in Sudan and preserve the chain of custody for such 

18 evidence, including by providing support for Suda19 nese, foreign, and international nongovernmental or20 ganizations, and other entities engaged in such in21 vestigative activities; 

22 (3) build Sudan’s judicial capacity to support 

23 prosecutions in domestic courts and support inves24 tigations by hybrid or international courts as appro25 priate; 


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1 (4) protect witnesses who participate in court 

2 proceedings or other transitional justice mechanisms; 

3 and 

4 (5) support other related conflict mitigation 

5 programs and activities. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

7 funds authorized to be appropriated to carry out part I 

8 and chapter 4 of part II of the Foreign Assistance Act 

9 of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.), for 

10 fiscal years 2021 and 2022, $10,000,000 is authorized to 

11 be appropriated for each such fiscal year to carry out this 

12 section. 

13 SEC. 8. SUSPENSION OF ASSISTANCE. 

14 (a) IN GENERAL.—The President is authorized to 

15 suspend the provision of assistance authorized under sec16 tion 4, 5, 6, or 7 to the Government of Sudan if the Presi17 dent determines that conditions in Sudan or the composi18 tion of the Government of Sudan changes such that it is 

19 no longer in the United States national interest to con20 tinue to provide such assistance. 

21 (b) REPORT.—Not later than 30 days after making 

22 a determination under subsection (a), the President shall 

23 submit to the appropriate congressional committees a re24 port that describes— 


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1 (1) the political and security conditions in 

2 Sudan that led to such determination; and 

3 (2) any planned diplomatic engagement to re4 start the provision of such assistance. 

5 SEC. 9. MULTILATERAL ASSISTANCE. 

6 (a) SENSE OF THE CONGRESS.—It is the sense of the 

7 Congress that— 

8 (1) Sudan’s economic challenges are a legacy of 

9 decades of kleptocracy, economic mismanagement, 

10 and war; 

11 (2) Sudan’s economic recovery will depend on— 

12 (A) combating corruption and illicit eco13 nomic activity; 

14 (B) ending internal conflicts in the states 

15 of Darfur, South Kordofan, and Blue Nile; and 

16 (C) promoting inclusive economic growth 

17 and development; and 

18 (3) the COVID-19 outbreak constitutes a grave 

19 danger to Sudan’s economic stability, public health, 

20 and food security and jeopardizes the transition to 

21 a civilian-led government that promotes the demo22 cratic aspirations of the Sudanese people. 

23 (b) RESPONDING TO THE COVID-19 OUTBREAK.— 

24 During the transitional period in Sudan, and notwith25 standing any other provision of law, the Secretary of the 


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1 Treasury may instruct the United States Executive Direc2 tor at each international financial institution to use the 

3 voice and vote of the United States to support loans or 

4 other utilization of the funds of the respective institution 

5 for Sudan for the purpose of addressing basic human 

6 needs, responding to the COVID-19 outbreak and its im7 pact on the country’s economic stability, or promoting de8 mocracy, governance, or public financial management in 

9 Sudan. 

10 (c) DEBT RELIEF.—Upon the removal of Sudan from 

11 the State Sponsors of Terrorism List, and once the Sov12 ereignty Council is chaired by a civilian leader, the Sec13 retary of the Treasury and the Secretary of State should 

14 engage with international financial institutions and other 

15 bilateral official creditors to advance agreement through 

16 the Heavily Indebted Poor Countries (HIPC) Initiative to 

17 restructure, reschedule, or cancel the sovereign debt of 

18 Sudan. 

19 (d) REPORTING REQUIREMENT.—Not later than 3 

20 months after the date of the enactment of this Act, and 

21 not less than every 6 months thereafter during the transi22 tional period, the Secretary of the Treasury, in consulta23 tion with the Secretary of State, shall report to the appro24 priate congressional committees on the extent to which the 

25 transitional government of Sudan has taken demonstrable 


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1 steps to strengthen governance and improve fiscal trans2 parency, including— 

3 (1) establishing civilian control over the fi4 nances and assets of the Sudanese security and in5 telligence services; 

6 (2) developing a transparent budget that ac7 counts for all expenditures related to the security 

8 and intelligence services; 

9 (3) identifying the shareholdings in all public 

10 and private companies not exclusively dedicated to 

11 the national defense held or managed by the security 

12 and intelligence services, and publicly disclosing, 

13 evaluating, and transferring all such shareholdings 

14 to the Ministry of Finance of the Government of 

15 Sudan or to any specialized entity of the Govern16 ment of Sudan established under law for this pur17 pose, which is ultimately accountable to a civilian 

18 authority; 

19 (4) ceasing the involvement of the security and 

20 intelligence services officials, and their immediate 

21 family members, in the illicit trade in mineral re22 sources, including petroleum and gold; 

23 (5) implementing a publicly transparent meth24 odology for the Government of Sudan to recover, 

25 evaluate, hold, manage, or divest any state assets 


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1 and the profits derived from the assets that may 

2 have been transferred to the National Congress 

3 Party, an affiliate of the National Congress Party, 

4 or an official of the National Congress Party in the 

5 individual capacity of such an official; 

6 (6) identifying and monitoring the nature and 

7 purpose of offshore financial resources controlled by 

8 the security and intelligence services; and 

9 (7) strengthening banking regulation and su10 pervision and addressing anti-money laundering and 

11 counter-terrorism financing deficiencies. 

12 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

13 In this section, the term ‘‘appropriate congressional com14 mittees’’ means— 

15 (1) the Committee on Financial Services, the 

16 Committee on Foreign Affairs, and the Committee 

17 on Appropriations of the House of Representatives; 

18 and 

19 (2) the Committee on Foreign Relations and 

20 the Committee on Appropriations of the United 

21 States Senate. 

22 SEC. 10. COORDINATED SUPPORT TO RECOVER ASSETS 

23 STOLEN FROM THE SUDANESE PEOPLE. 

24 The Secretary of State, in coordination with the Sec25 retary of the Treasury and the Attorney General, shall 


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1 seek to advance the efforts of the Government of Sudan 

2 to recover assets stolen from the Sudanese people, includ3 ing with regard to international efforts to— 

4 (1) identify and track assets taken from the 

5 people and institutions of Sudan through theft, cor6 ruption, money laundering, or other illicit means; 

7 and 

8 (2) with respect to assets identified pursuant to 

9 paragraph (1), work with foreign governments and 

10 international organizations to— 

11 (A) share financial investigations intel12 ligence, as appropriate; 

13 (B) oversee and manage the assets identi14 fied pursuant to paragraph (1); 

15 (C) as appropriate, advance, advance civil 

16 forfeiture litigation, including providing tech17 nical assistance to help governments establish 

18 the necessary legal framework to carry out 

19 asset forfeitures; and 

20 (D) work with the Government of Sudan to 

21 ensure that a credible mechanism is established 

22 to ensure that any recovered assets are man23 aged in a transparent and accountable fashion 

24 and ultimately used for the benefit of the Suda25 nese people, provided that— 


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1 (i) returned assets are not used for 

2 partisan political purposes; and 

3 (ii) there are robust financial manage4 ment and oversight measures to safeguard 

5 repatriated assets. 

6 SEC. 11. LIMITATION ON ASSISTANCE TO THE SUDANESE 

7 SECURITY AND INTELLIGENCE SERVICES. 

8 (a) IN GENERAL.—The President may not provide 

9 assistance (other than assistance authorized under section 

10 6) to the Sudanese security and intelligence services until 

11 the President submits to Congress a certification that the 

12 Government of Sudan has met the conditions described in 

13 subsection (c). 

14 (b) EXCEPTION; WAIVER.— 

15 (1) EXCEPTION.—The Secretary of State may, 

16 as appropriate and notwithstanding any other provi17 sion of law, provide assistance for the purpose of 

18 professionalizing the Sudanese security and intel19 ligence services, through institutions such as the Af20 rica Center for Strategic Studies and the United 

21 States Institute of Peace. 

22 (2) WAIVER.—The President may waive the 

23 limitation on the provision of assistance under sub24 section (a) if, not later than 30 days before the asVerDate Sep 11 2014 01:47 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H7682.IH H7682

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1 sistance is to be provided, the President submits to 

2 the appropriate congressional committees— 

3 (A) a list of the activities and participants 

4 to which such waiver would apply; 

5 (B) a justification that the waiver is in the 

6 national security interest of the United States; 

7 and 

8 (C) a certification that the participants 

9 have met the requirements of either section 

10 620M of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2378d) for programs funded 

12 through Department of State appropriations or 

13 section 362 of title 10, United States Code, for 

14 programs funded through Department of De15 fense appropriations. 

16 (c) CONDITIONS.— 

17 (1) IN GENERAL.—The conditions described in 

18 this subsection are that the Sudanese security and 

19 intelligence services— 

20 (A) have demonstrated progress in under21 taking security sector reform, including reforms 

22 that professionalize such security and intel23 ligence services, improve transparency, and re24 forms to the laws governing the security forces, 


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1 such as of the National Security Act of 2010 

2 and the Sudan Armed Forces Act of 2007; 

3 (B) support efforts to respect human 

4 rights, including religious freedom, and hold ac5 countable any members of such security and in6 telligence services responsible for human rights 

7 violations and abuses, including by taking de8 monstrable steps to cooperate with local or 

9 international mechanisms of accountability, to 

10 ensure that those responsible for war crimes, 

11 crimes against humanity, and genocide com12 mitted in Sudan are brought to justice; 

13 (C) are under civilian oversight, subject to 

14 the rule of law, and are not undertaking actions 

15 to undermine a civilian-led transitional govern16 ment or an elected civilian government; 

17 (D) have refrained from targeted attacks 

18 against religious or ethnic minority groups, 

19 have negotiated in good faith during the peace 

20 process and constructively participated in the 

21 implementation of any resulting peace agree22 ments, and do not impede inclusive political 

23 participation; 

24 (E) allow unfettered humanitarian access 

25 by United Nations organizations and specialized 


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1 agencies and domestic and international hu2 manitarian organizations to civilian populations 

3 in conflict-affected areas; 

4 (F) cooperate with the United Nations 

5 High Commissioner for Refugees and organiza6 tions affiliated with the United Nations to allow 

7 for the protection of displaced persons and the 

8 safe, voluntary, sustainable, and dignified re9 turn of refugees and internally displaced per10 sons; and 

11 (G) take constructive steps to investigate 

12 all reports of unlawful recruitment of children 

13 by Sudanese security forces and prosecute those 

14 found to be responsible. 

15 (2) FORM.—The certification described in sub16 section (a) containing the conditions described in 

17 paragraph (1) shall be submitted in unclassified 

18 form but may include a classified annex. 

19 (d) SUNSET.—This section shall terminate on the 

20 date that is the earlier of— 

21 (1) the date that is two years after the date of 

22 the enactment of this Act; or 

23 (2) the date on which the President determines 

24 that a successful rotation of military to civilian lead25 ership in the Sovereignty Council has occurred. 


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1 SEC. 12. AUTHORIZATION OF IMPOSITION OF SANCTIONS 

2 WITH RESPECT TO CERTAIN GOVERNMENT 

3 OF SUDAN OFFICIALS AND OTHER INDIVID4 UALS. 

5 (a) IN GENERAL.—The President shall impose the 

6 sanctions described in subsection (b) with respect to any 

7 senior official of the Government of Sudan and any other 

8 foreign person that the President determines, on or after 

9 the date of enactment of this Act— 

10 (1) is knowingly responsible for, complicit in, or 

11 has directly or indirectly engaged in— 

12 (A) significant actions or policies that 

13 threaten the peace, security, or stability of 

14 Sudan, including through the use of armed 

15 groups; 

16 (B) significant actions or policies that ob17 struct, undermine, delay, or impede, or pose a 

18 significant risk of obstructing, undermining, de19 laying, or impeding, the civil and political rights 

20 of the Sudanese people and the political transi21 tion in Sudan; 

22 (C) corruption, including the misappropria23 tion of state assets, the expropriation of private 

24 assets for personal gain, corruption related to 

25 government contracts or the extraction of nat26 ural resources, or bribery; 


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1 (D) serious human rights abuses that may 

2 include the targeting of civilians through the 

3 commission of acts of violence, abduction, 

4 forced displacement, or attacks on schools, hos5 pitals, religious sites, or locations where civil6 ians are seeking refuge, or a violation of inter7 national humanitarian law; or 

8 (E) illicit exploitation of natural resources 

9 in Sudan; 

10 (2) is a leader of an entity that has, or whose 

11 members have, engaged in any activity described in 

12 subparagraphs (A) through (E) of paragraph (1); 

13 (3) has materially assisted, sponsored, or pro14 vided financial, material, logistical, or technological 

15 support for, or goods or services to or in support 

16 of— 

17 (A) any activity described in paragraph 

18 (1); or 

19 (B) any person whose property and inter20 ests in property are blocked pursuant to Execu21 tive Order 13400 (2006); or 

22 (4) is owned or controlled by, or has acted or 

23 purported to act for or on behalf of, any other per24 son whose property and interests in property are 

25 blocked pursuant to— 


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1 (A) subsection (b)(1); or 

2 (B) Executive Order 13400 (2006). 

3 (b) SANCTIONS DESCRIBED.—The sanctions to be 

4 imposed with respect to any foreign person described in 

5 subsection (a) are the following: 

6 (1) BLOCKING OF PROPERTY.—The President 

7 shall exercise all of the powers granted to the Presi8 dent under the International Emergency Economic 

9 Powers Act (50 U.S.C. 1701 et seq.) to the extent 

10 necessary to block and prohibit all transactions in 

11 property and interests in property of the foreign per12 son if such property and interests in property— 

13 (A) are in the United States; 

14 (B) come within the United States; or 

15 (C) come within the possession or control 

16 of a United States person. 

17 (2) INADMISSIBILITY FOR VISAS, ADMISSION, OR

18 PAROLE.— 

19 (A) VISAS, ADMISSION, OR PAROLE.—The 

20 foreign person is— 

21 (i) inadmissible to the United States; 

22 (ii) ineligible to receive a visa or other 

23 documentation to enter the United States; 

24 and 


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1 (iii) otherwise ineligible to be admitted 

2 or paroled into the United States or to re3 ceive any other benefit under the Immigra4 tion and Nationality Act (8 U.S.C. 1101 et 

5 seq.). 

6 (B) CURRENT VISAS REVOKED.—The visa 

7 or other entry documentation of the foreign 

8 person shall be revoked, regardless of when 

9 such visa or other entry documentation is or 

10 was issued. A revocation under this subpara11 graph shall take effect immediately and auto12 matically cancel any other valid visa or entry 

13 documentation that is in the foreign person’s 

14 possession. 

15 (c) EXCEPTIONS TO COMPLY WITH UNITED NA16 TIONS HEADQUARTERS AGREEMENT.—Sanctions under 

17 subsection (b)(2) shall not apply with respect to a foreign 

18 person described in subsection (a) if admitting or paroling 

19 the foreign person into the United States is necessary to 

20 permit the United States to comply with the Agreement 

21 regarding the Headquarters of the United Nations, signed 

22 at Lake Success June 26, 1947, and entered into force 

23 November 21, 1947, between the United Nations and the 

24 United States, or other applicable international obliga25 tions. 


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1 (d) IMPLEMENTATION; PENALTIES.— 

2 (1) IMPLEMENTATION.—The President may ex3 ercise all authorities provided under sections 203 

4 and 205 of the International Emergency Economic 

5 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

6 this section and shall issue such regulations, li7 censes, and orders as are necessary to carry out this 

8 section. 

9 (2) PENALTIES.—Any person that violates, at10 tempts to violate, conspires to violate, or causes a 

11 violation of this section or any regulation, license, or 

12 order issued to carry out paragraph (1) shall be sub13 ject to the penalties set forth in subsections (b) and 

14 (c) of section 206 of the International Emergency 

15 Economic Powers Act (50 U.S.C. 1705) to the same 

16 extent as a person that commits an unlawful act de17 scribed in subsection (a) of that section. 

18 (e) WAIVER.—The President may waive the applica19 tion of sanctions imposed with respect to a foreign person 

20 pursuant to subsection (a) if the President— 

21 (1) determines that a waiver is in the national 

22 interest of the United States; and 

23 (2) not later than the date on which such waiv24 er will take effect, submits a notice of and justificaVerDate Sep 11 2014 01:47 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H7682.IH H7682

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1 tion for such waiver to the appropriate congressional 

2 committees. 

3 (f) TERMINATION OF AUTHORITY TO IMPOSE SANC4 TIONS.—The authority to impose sanctions under this sec5 tion shall terminate on the date that is the earlier of 3 

6 years after the date of the enactment of this Act or the 

7 date on which the President determines and certifies to 

8 the appropriate congressional committees that the Govern9 ment of Sudan— 

10 (1) has held free, fair, and credible general elec11 tions in accordance with the 2019 constitutional 

12 charter for the transitional period and a democrat13 ically elected head of state has been sworn in and 

14 taken office; 

15 (2) is making significant progress towards re16 specting the freedoms of religion, speech, press, as17 sembly, and association as described in the 2019 

18 constitutional charter for the transitional period and 

19 toward holding free, fair, and credible elections by 

20 the end of the transitional period; 

21 (3) is compliant with international norms and 

22 standards concerning the transparent allocation and 

23 disbursement of government directed funds; 


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1 (4) respects the right to freedom of religion, 

2 speech, press, assembly, and association for all Su3 danese citizens; 

4 (5) has ceased attacks on civilians, including 

5 through the use of militias; 

6 (6) has negotiated in good faith to reach formal 

7 peace agreements with armed movements that had 

8 been in conflict with the Government of Sudan; and 

9 (7) has ceased any material support or assist10 ance to groups associated or linked to international 

11 terrorism. 

12 (g) EXCEPTION RELATING TO IMPORTATION OF

13 GOODS.— 

14 (1) IN GENERAL.—The authorities and require15 ments to impose sanctions authorized under this sec16 tion shall not include the authority or requirement 

17 to impose sanctions on the importation of goods. 

18 (2) GOOD DEFINED.—In this subsection, the 

19 term ‘‘good’’ means any article, natural or man20 made substance, material, supply or manufactured 

21 product, including inspection and test equipment, 

22 and excluding technical data. 

23 (h) EXCEPTIONS TO COMPLY WITH NATIONAL SE24 CURITY.—The following activities shall be exempt from 

25 sanctions under this section: 


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1 (1) Activities subject to the reporting require2 ments under title V of the National Security Act of 

3 1947 (50 U.S.C. 3091 et seq.). 

4 (2) Any authorized intelligence or law enforce5 ment activities of the United States. 

6 (i) DEFINITIONS.—In this section: 

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. 1001). 

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

14 (A) the Committee on Foreign Affairs, the 

15 Committee on Appropriations, and the Com16 mittee on Financial Services of the House of 

17 Representatives; and 

18 (B) the Committee on Foreign Relations, 

19 the Committee on Appropriations, and the 

20 Committee on Banking, Housing, and Urban 

21 Affairs of the Senate. 

22 (3) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ means a person that is not a United States 

24 person. 


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1 (4) KNOWINGLY.—The term ‘‘knowingly’’ 

2 means, with respect to conduct, a circumstance, or 

3 a result, that a person has actual knowledge, or 

4 should have known, of the conduct, the cir5 cumstance, or the result. 

6 (5) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ means— 

8 (A) a United States citizen, an alien law9 fully admitted for permanent residence to the 

10 United States, or any other individual subject 

11 to the jurisdiction of the United States; 

12 (B) an entity organized under the laws of 

13 the United States or of any jurisdiction within 

14 the United States, including a foreign branch of 

15 such entity; or 

16 (C) any person in the United States. 

17 SEC. 13. REPORTS. 

18 (a) REPORT ON ACCOUNTABILITY FOR HUMAN

19 RIGHTS ABUSES.—Not later than 180 days after the date 

20 of the enactment of this Act, and annually thereafter for 

21 two years, the President shall submit to the appropriate 

22 congressional committees a report that— 

23 (1) summarizes reports of gross violations of 

24 human rights, including sexual and gender-based vi25 olence, committed against civilians in Sudan, includVerDate Sep 11 2014 01:47 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H7682.IH H7682

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1 ing members of the Sudanese security and intel2 ligence services or any associated militias, between 

3 December 2018 and the date of the submission of 

4 the report; 

5 (2) provides an update on any potential transi6 tional justice mechanisms in Sudan to investigate, 

7 charge, and prosecute alleged perpetrators of gross 

8 violations of human rights in Sudan since June 30, 

9 1989, including with respect to the June 3, 2019 

10 massacre in Khartoum; 

11 (3) provides an analysis of whether the gross 

12 violations of human rights summarized pursuant to 

13 paragraph (1) amount to war crimes, crimes against 

14 humanity, or genocide; and 

15 (4) identifies specific cases since the beginning 

16 of the transitional period in which members of the 

17 Sudanese security and intelligence services have been 

18 charged and prosecuted for actions that constitute 

19 gross violations of human rights perpetrated since 

20 June 30, 1989. 

21 (b) REPORT ON CERTAIN ACTIVITIES AND FINANCES

22 OF SENIOR OFFICIALS OF THE GOVERNMENT OF

23 SUDAN.—Not later than 180 days after the date of the 

24 enactment of this Act, and annually thereafter for one 


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1 year, the President shall submit to the appropriate con2 gressional committees a report that— 

3 (1) describes the actions and involvement of any 

4 previous or current senior officials of the Govern5 ment of Sudan since the establishment of the transi6 tional government in August 2019 in— 

7 (A) directing, carrying out, or overseeing 

8 gross violations of human rights; 

9 (B) directing, carrying out, or overseeing 

10 the unlawful use or recruitment of children by 

11 armed groups or armed forces in the context of 

12 conflicts in Sudan, Libya, Yemen, or other 

13 countries; 

14 (C) directing, carrying out, or colluding in 

15 significant acts of corruption; 

16 (D) directing, carrying out, or overseeing 

17 any efforts to circumvent the establishment of 

18 civilian control over the finances and assets of 

19 the Sudanese security and intelligence services; 

20 or 

21 (E) facilitating, supporting, or financing 

22 terrorist activity in Sudan or other countries; 

23 (2) identifies Sudanese and foreign financial in24 stitutions, including offshore financial institutions, 

25 in which senior officials of the Government of Sudan 


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1 whose actions are described in paragraph (1) hold 

2 significant assets, and provides an estimate of the 

3 value of such assets; 

4 (3) identifies any information United States 

5 Government agencies have obtained since August 

6 2019 regarding persons, foreign governments, and 

7 Sudanese or foreign financial institutions that know8 ingly facilitate, finance, or otherwise benefit from 

9 corruption or illicit economic activity in Sudan, in10 cluding the export of mineral resources, and, in par11 ticular, if that trade is violating any United States 

12 restrictions that remain in place by legislation or ex13 ecutive order; 

14 (4) identifies any information United States 

15 Government agencies have obtained since August 

16 2019 regarding senior officials of the Government of 

17 Sudan who are personally involved in the illicit trade 

18 in mineral resources, including petroleum and gold; 

19 and 

20 (5) identifies any information United States 

21 Government agencies have obtained since August 

22 2019 regarding individuals or foreign governments 

23 that have provided funds to individual members of 

24 the Sovereignty Council or the Cabinet outside of 


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1 the Central Bank of Sudan or the Ministry of Fi2 nance. 

3 (c) REPORT ON SANCTIONS PURSUANT TO EXECU4 TIVE ORDER 13400.—Not later than 180 days after the 

5 date of the enactment of this Act, the President shall sub6 mit to the appropriate congressional committees a report 

7 containing the names of senior Sudanese government offi8 cials that the President determines meet the criteria to 

9 be sanctionable pursuant to Executive Order 13400 (71 

10 Fed. Reg. 25483; relating to blocking property of persons 

11 in connection with the conflict in Sudan’s Darfur region). 

12 (d) FORM.—The reports required under subsections 

13 (b) and (c) shall be submitted in unclassified form but 

14 may include a classified annex. 

15 SEC. 14. UNITED STATES STRATEGY FOR SUPPORT TO A CI16 VILIAN-LED GOVERNMENT IN SUDAN. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary of State, 

19 in coordination with the Administrator of the United 

20 States Agency for International Development and the Sec21 retary of the Treasury, shall submit to the appropriate 

22 congressional committees a strategy that includes— 

23 (1) a clear articulation of specific United States 

24 goals and objectives with respect to a successful 


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1 completion of the transitional period and a plan to 

2 achieve such goals and objectives; 

3 (2) a description of assistance and diplomatic 

4 engagement to support a civilian-led government in 

5 Sudan for the remainder of the transitional period, 

6 including any possible support for the organization 

7 of free, fair, and credible elections; 

8 (3) an assessment of the legal and policy re9 forms that have been and need to be taken by the 

10 government in Sudan during the transitional period 

11 in order to promote— 

12 (A) human rights; 

13 (B) freedom of religion, speech, press, as14 sembly, and association; and 

15 (C) accountability for human rights 

16 abuses, including for sexual and gender-based 

17 violence perpetrated by members of the Suda18 nese security and intelligence services; 

19 (4) a description of efforts to address the legal 

20 and policy reforms mentioned in paragraph (3); 

21 (5) a description of humanitarian and develop22 ment assistance to Sudan and a plan for coordi23 nating such assistance with international donors, re24 gional partners, and local partners; 


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1 (6) a description of monitoring and evaluation 

2 plans for all forms of assistance to be provided 

3 under the strategy in accordance with the moni4 toring and evaluation requirements of section 4 of 

5 the Foreign Aid Transparency and Accountability 

6 Act of 2016 (Public Law 114–191), to include a de7 tailed description of all associated goals and bench8 marks for measuring impact; and 

9 (7) an assessment of security sector reforms 

10 undertaken by the Government of Sudan, including 

11 efforts to demobilize or integrate militias and to fos12 ter civilian control of the armed services. 

13 (b) REPORT.—Not later than one year after the date 

14 of the enactment of this Act, the Secretary of State, in 

15 coordination with the Administrator of the United States 

16 Agency for International Development and the Secretary 

17 of the Treasury, shall submit to the appropriate congres18 sional committees a report that includes— 

19 (1) a detailed description of the efforts taken to 

20 implement this Act; and 

21 (2) recommendations for legislative or adminis22 trative measures to facilitate the implementation of 

23 this Act. 


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1 SEC. 15. AMENDMENTS TO THE DARFUR PEACE AND AC2 COUNTABILITY ACT OF 2006. 

3 Section 8(c)(1) of the Darfur Peace and Account4 ability Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 

5 note) is amended by striking ‘‘Southern Sudan,’’ and all 

6 that following through ‘‘Khartoum,’’ and inserting 

7 ‘‘Sudan’’. 

8 SEC. 16. REPEAL OF SUDAN PEACE ACT AND THE COM9 PREHENSIVE PEACE IN SUDAN ACT. 

10 (a) SUDAN PEACE ACT.—Effective January 1, 2020, 

11 the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 

12 1701 note) is repealed. 

13 (b) COMPREHENSIVE PEACE IN SUDAN ACT.—Effec14 tive January 1, 2020, the Comprehensive Peace in Sudan 

15 Act of 2004 (Public Law 108–497; 50 U.S.C. note) is re16 pealed. 

Æ 


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