I 

117TH CONGRESS 

1ST SESSION H. R. 6140 

To impose sanctions on Sudan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2021 

Mrs. KIM of California (for herself, Mr. PHILLIPS, and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on Foreign 

Affairs, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To impose sanctions on 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 subtitle may be cited as the ‘‘Sudan Democracy 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this subtitle: 

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

9 and ‘‘alien’’ have the meanings given such terms in 


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1 section 101 of the Immigration and Nationality Act 

2 (8 U.S.C. 1001). 

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

6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Foreign Affairs of 

11 the House of Representatives; and 

12 (D) the Committee on Appropriations of 

13 the House of Representatives. 

14 (3) FOREIGN PERSON.—The term ‘‘foreign per15 son’’ means a person that is not a United States 

16 person. 

17 (4) GROSS VIOLATIONS OF INTERNATIONALLY

18 RECOGNIZED HUMAN RIGHTS.—The term ‘‘gross vio19 lations of internationally recognized human rights’’ 

20 has the meaning given such term in section 

21 502B(d)(1) of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2304(d)(1)). 

23 (5) INTERNATIONAL FINANCIAL INSTITU24 TIONS.—The term ‘‘international financial institu25 tions’’ means— 


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1 (A) the International Monetary Fund; 

2 (B) the International Bank for Recon3 struction and Development; 

4 (C) the International Development Asso5 ciation; 

6 (D) the International Finance Corporation; 

7 (E) the Inter-American Development 

8 Bank; 

9 (F) the Asian Development Bank; 

10 (G) the Inter-American Investment Cor11 poration; 

12 (H) the African Development Bank; 

13 (I) the African Development Fund; 

14 (J) the European Bank for Reconstruction 

15 and Development; and 

16 (K) the Multilateral Investment Guaranty 

17 Agency. 

18 (6) KNOWINGLY.—The term ‘‘knowingly’’ 

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

20 a result, means that a person has actual knowledge, 

21 or should have known, of the conduct, the cir22 cumstance, or the result. 

23 (7) SECURITY AND INTELLIGENCE SERVICES.— 

24 The term ‘‘security and intelligence services’’ 

25 means— 


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1 (A) the Sudan Armed Forces; 

2 (B) the Rapid Support Forces; 

3 (C) the Popular Defense Forces; 

4 (D) other Sudanese paramilitary units; 

5 (E) Sudanese police forces; and 

6 (F) the General Intelligence Service (pre7 viously known as the National Intelligence and 

8 Security Services). 

9 (8) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means— 

11 (A) a United States citizen, an alien law12 fully admitted for permanent residence to the 

13 United States, or any other individual subject 

14 to the jurisdiction of the United States; or 

15 (B) an entity organized under the laws of 

16 the United States or of any jurisdiction within 

17 the United States, including a foreign branch of 

18 such entity. 

19 SEC. 3. FINDINGS; STATEMENT OF POLICY. 

20 (a) FINDINGS.—Congress makes the following find21 ings: 

22 (1) On November 17, 1958, Lieutenant General 

23 Ibrahim Abboud of Sudan led the country’s first 

24 coup after independence, and the first successful 

25 coup in post-independence Africa. 


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1 (2) There have been more than 200 coup at2 tempts across Africa since the 1958 coup in Sudan, 

3 including successful coups in Sudan in 1969, 1985, 

4 1989, and 2019. 

5 (3) On April 11, 2019, President Omar al 

6 Bashir of Sudan, who came to power in a military 

7 coup in 1989, was overthrown after months of pop8 ular protests by his own security chiefs, who estab9 lished a Transitional Military Council, led by Lieu10 tenant General Abdel Fattah al-Burhan, that ig11 nored calls from the Sudanese people to transfer 

12 power to civilians. 

13 (4) On August 17, 2019— 

14 (A) the Transitional Military Council, 

15 under domestic and international pressure, 

16 signed a power-sharing agreement with the 

17 Forces for Freedom and Change, a broad coali18 tion of political parties and civic groups rep19 resenting the protest movement that had 

20 pushed for the end of the Bashir regime and a 

21 transition to civilian rule; and 

22 (B) a transitional government was formed 

23 that allowed the junta leaders to remain in gov24 ernment in a partnership with new civilian au25 thorities nominated by the Forces for Freedom 


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1 and Change, including Prime Minister Abdallah 

2 Hamdok, for a transitional period to democ3 racy. 

4 (5) On October 25, 2021, Lieutenant General 

5 Burhan, with the support of Lieutenant Mohamed 

6 Hamdan Dagalo (also known as ‘‘Hemedti’’)— 

7 (A) seized control of the Government of 

8 Sudan; 

9 (B) deployed the military to the streets of 

10 Khartoum and Omdurman; 

11 (C) shut down the internet in Sudan; and 

12 (D) detained Prime Minister Hamdok and 

13 other civilian officials. 

14 (6) The African Union Peace and Security 

15 Council has condemned the military takeover, re16 jected the unconstitutional change of government, 

17 and on October 27, 2021, suspended Sudan from 

18 the Council until the civilian-led transitional govern19 ment is restored. 

20 (7) The Troika (the United States, United 

21 Kingdom, Norway), the European Union, and Swit22 zerland ‘‘continue to recognize the Prime Minister 

23 and his cabinet as the constitutional leaders of the 

24 transitional government’’. 


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1 (8) The Sudanese people have condemned the 

2 military takeover and launched a campaign of peace3 ful civil disobedience, continuing the protests for de4 mocracy that began in late 2018 and reflecting a 

5 historic tradition of non-violence protests led by pre6 vious generations in Sudan against military regimes 

7 in 1964 and 1985. 

8 (9) In response to public calls for civilian rule 

9 since October 25, 2021, Sudanese security forces 

10 have arbitrarily detained civilians and used excessive 

11 and lethal force against peaceful protesters that has 

12 resulted in civilian deaths across the country. 

13 (10) The October 25, 2021, military takeover 

14 represents a threat to— 

15 (A) Sudan’s economic recovery and sta16 bility; 

17 (B) the bilateral relationship between 

18 Sudan and the United States; and 

19 (C) regional peace and security. 

20 (b) STATEMENT OF POLICY.—It is the policy of the 

21 United States— 

22 (1) to support the democratic aspirations of the 

23 people of Sudan and a political transition process 

24 that results in a civilian government that is demo25 cratic, accountable, respects the human rights of its 


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1 citizens, and is at peace with itself and with its 

2 neighbors; 

3 (2) to encourage the reform of the security sec4 tor of Sudan to one that is protects citizens under 

5 a democracy and respects civilian authority; and 

6 (3) to deter military coups and efforts by exter7 nal parties to support them. 

8 SEC. 4. IMPOSITION OF SANCTIONS. 

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

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

11 person or entity that the President determines, on or after 

12 the date of enactment of this Act— 

13 (1) is responsible for, complicit in, or directly or 

14 indirectly engaged or attempted to engage in— 

15 (A) actions that undermine the transition 

16 to democracy in Sudan, or, after elections, un17 dermine democratic processes or institutions; 

18 (B) actions that threaten the peace, secu19 rity, or stability of Sudan; 

20 (C) actions that prohibit, limit, or penalize 

21 the exercise of freedom of expression or assem22 bly by people in Sudan, or limit access to print, 

23 online, or broadcast media in Sudan; 

24 (D) the arbitrary detention or torture of 

25 any person in Sudan or other gross violations of 


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1 internationally recognized human rights in 

2 Sudan; 

3 (E) significant efforts to impede investiga4 tions or prosecutions of alleged serious human 

5 rights abuses in Sudan; 

6 (F) actions that result in the misappro7 priation of significant state assets of Sudan or 

8 manipulation of the currency, or that hinder 

9 government oversight of parastatal budgets and 

10 revenues; 

11 (G) actions that violate medical neutrality, 

12 including blocking access to care and targeting 

13 first responders, medical personnel, or medical 

14 institutions; or 

15 (H) disrupting access to communication 

16 technologies and information on the internet; 

17 (2) is an entity owned or controlled by any per18 son or entity described in paragraph (1); 

19 (3) forms an entity for the purpose of evading 

20 sanctions that would otherwise be imposed pursuant 

21 to subsection (b); 

22 (4) is acting for, or on behalf of, a person or 

23 entity referred to in paragraph (1), (2), or (3); 

24 (5) is an entity that is owned or controlled (di25 rectly or indirectly) by security and intelligence servVerDate Sep 11 2014 00:54 Dec 14, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6140.IH H6140

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1 ices, from which one or more persons or entities de2 scribed in paragraph (1) derive significant revenue 

3 or financial benefit; or 

4 (6) has knowingly— 

5 (A) provided significant financial, material, 

6 or technological support— 

7 (i) to a foreign person or entity de8 scribed in paragraph (1) in furtherance of 

9 any of the acts described in subparagraph 

10 (A) or (B) of such paragraph; or 

11 (ii) to any entity owned or controlled 

12 by such person or entity or an immediate 

13 family member of such person; or 

14 (B) received significant financial, material, 

15 or technological support from a foreign person 

16 or entity described in paragraph (1) or an enti17 ty owned or controlled by such person or entity 

18 or an immediate family member of such person. 

19 (b) SANCTIONS; EXCEPTIONS.— 

20 (1) SANCTIONS.— 

21 (A) ASSET BLOCKING.—Notwithstanding 

22 section 202 of the International Emergency 

23 Economic Powers Act (50 U.S.C. 1701), the ex24 ercise of all powers granted to the President by 

25 such Act to the extent necessary to block and 


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1 prohibit all transactions in all property and in2 terests in property of a foreign person the 

3 President determines meets one or more of the 

4 criteria described in subsection (a) if such prop5 erty and interests in property are in the United 

6 States, come within the United States, or are or 

7 come within the possession or control of a 

8 United States person. 

9 (B) ALIENS INADMISSIBLE FOR VISAS, AD10 MISSION, OR PAROLE.— 

11 (i) VISAS, ADMISSION, OR PAROLE.— 

12 An alien who the Secretary of State or the 

13 Secretary of Homeland Security (or a des14 ignee of one of such Secretaries) knows, or 

15 has reason to believe, meets any of the cri16 teria described in subsection (a)— 

17 (I) is inadmissible to the United 

18 States; 

19 (II) is ineligible to receive a visa 

20 or other documentation to enter the 

21 United States; and 

22 (III) is otherwise ineligible to be 

23 admitted or paroled into the United 

24 States or to receive any other benefit 


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1 under the Immigration and Nation2 ality Act (8 U.S.C. 1101 et seq.). 

3 (ii) CURRENT VISAS REVOKED.— 

4 (I) IN GENERAL.—The issuing 

5 consular officer, the Secretary of 

6 State, or a designee of the Secretary 

7 of State, in accordance with section 

8 221(i) of the Immigration and Na9 tionality Act (8 U.S.C. 1201(i)), shall 

10 revoke any visa or other entry docu11 mentation issued to an alien described 

12 in clause (i) regardless of when the 

13 visa or other entry documentation was 

14 issued. 

15 (II) EFFECT OF REVOCATION.— 

16 A revocation under subclause (I) shall 

17 take effect immediately and shall 

18 automatically cancel any other valid 

19 visa or entry documentation that is in 

20 the alien’s possession. 

21 (2) EXCEPTION TO COMPLY WITH UNITED NA22 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

23 under paragraph (1)(B) shall not apply with respect 

24 to an alien if admitting or paroling the alien into the 

25 United States is necessary to permit the United 


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1 States to comply with the Agreement regarding the 

2 Headquarters of the United Nations, signed at Lake 

3 Success June 26, 1947, and entered into force No4 vember 21, 1947, between the United Nations and 

5 the United States, or other applicable international 

6 obligations. 

7 (3) PENALTIES.—Any person that violates, at8 tempts to violate, conspires to violate, or causes a 

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

10 order issued to carry out subsection (b) shall be sub11 ject to the penalties set forth in subsections (b) and 

12 (c) of section 206 of the International Emergency 

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

14 extent as a person that commits an unlawful act de15 scribed in subsection (a) of such section. 

16 (4) IMPLEMENTATION.—The President— 

17 (A) may exercise all authorities provided 

18 under sections 203 and 205 of the International 

19 Emergency Economic Powers Act (50 U.S.C. 

20 1702 and 1704) to carry out this section; and 

21 (B) shall issue such regulations, licenses, 

22 and orders as may be necessary to carry out 

23 this section. 

24 (5) EXCEPTION TO COMPLY WITH NATIONAL

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1 quirements under title V of the National Security 

2 Act of 1947 (50 U.S.C. 3091 et seq.) and any au3 thorized intelligence or law enforcement activities of 

4 the United States shall be exempt from sanctions 

5 under this section. 

6 (c) WAIVER.—The President may annually waive the 

7 application of sanctions imposed on a foreign person pur8 suant to subsection (a) if the President— 

9 (1) determines that such waiver with respect to 

10 such foreign person is in the national interest of the 

11 United States; and 

12 (2) not later than the date on which such waiv13 er will take effect, submits notice of, and justifica14 tion for, such waiver to— 

15 (A) the Committee on Foreign Relations of 

16 the Senate; 

17 (B) the Committee on Foreign Affairs of 

18 the House of Representatives; 

19 (C) the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate; and 

21 (D) the Committee on Financial Services 

22 of the House of Representatives. 


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1 (d) SUNSET.—The requirement to impose sanctions 

2 under this section shall cease to be effective on December 

3 31, 2026. 

Æ 


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