II 

109TH CONGRESS 

1ST SESSION S. 495 

To impose sanctions against perpetrators of crimes against humanity in 

Darfur, Sudan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2005 

Mr. CORZINE (for himself, Mr. BROWNBACK, Mr. DODD, Mr. DURBIN, Mr. 

FEINGOLD, Mr. LIEBERMAN, Mr. TALENT, Mr. DEWINE, and Mr. 

COBURN) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL

To impose sanctions against perpetrators of crimes against 

humanity in Darfur, 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 ‘‘Darfur Accountability 

5 Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com-
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1 mittees’’ means the Committee on Foreign Relations 

2 of the Senate and the Committee on International 

3 Relations of the House of Representatives. 

4 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov5 ernment of Sudan’’ means the National Congress 

6 Party-led government in Khartoum, Sudan, or any 

7 successor government formed on or after the date of 

8 the enactment of this Act. 

9 (3) MEMBER STATES.—The term ‘‘member 

10 states’’ means the member states of the United Na11 tions. 

12 (4) SUDAN NORTH-SOUTH PEACE AGREE13 MENT.—The term ‘‘Sudan North-South Peace 

14 Agreement’’ means the comprehensive peace agree15 ment signed by the Government of Sudan and the 

16 Sudan People’s Liberation Army/Movement on Jan17 uary 9, 2005. 

18 (5) THOSE NAMED BY THE UN COMMISSION.—

19 The term ‘‘those named by the UN Commission’’ 

20 means those individuals whose names appear in the 

21 sealed file delivered to the Secretary General of the 

22 United Nations by the International Commission of 

23 Inquiry on Darfur to the United Nations Secretary 

24 General. 
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1 (6) UN COMMISSION.—The term ‘‘UN Commis2 sion’’ means the International Commission of In3 quiry on Darfur to the United Nations Secretary 

4 General. 

5 SEC. 3. FINDINGS. 

6 Congress makes the following findings: 

7 (1) On July 22, 2004, the House of Represent8 atives and the Senate declared that the atrocities oc9 curring in Darfur, Sudan are genocide. 

10 (2) On September 9, 2004, Secretary of State 

11 Colin L. Powell stated before the Committee on For12 eign Relations of the Senate, ‘‘[w]hen we reviewed 

13 the evidence compiled by our team, along with other 

14 information available to the State Department, we 

15 concluded that genocide has been committed in 

16 Darfur and that the Government of Sudan and the 

17 [Janjaweed] bear responsibility—and genocide may 

18 still be occurring’’. 

19 (3) President George W. Bush, in an address 

20 before the United Nations General Assembly on Sep21 tember 21, 2004, stated, ‘‘[a]t this hour, the world 

22 is witnessing terrible suffering and horrible crimes in 

23 the Darfur region of Sudan, crimes my government 

24 has concluded are genocide’’. 
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1 (4) On July 30, 2004, the United Nations Se2 curity Council passed Security Council Resolution 

3 1556, calling upon the Government of Sudan to dis4 arm the Janjaweed militias and to apprehend and 

5 bring to justice Janjaweed leaders and their associ6 ates who have incited and carried out violations of 

7 human rights and international humanitarian law 

8 and carried out other atrocities in the Darfur region. 

9 (5) On September 18, 2004, the United Na10 tions Security Council passed Security Council Reso11 lution 1564, determining that the Government of 

12 Sudan had failed to meet its obligations under Secu13 rity Council Resolution 1556, calling for a military 

14 flight ban in and over the Darfur region, demanding 

15 the names of Janjaweed militiamen disarmed and 

16 arrested for verification, establishing an Inter17 national Commission of Inquiry into violations of 

18 international humanitarian and human rights laws, 

19 and threatening sanctions should the Government of 

20 Sudan fail to fully comply with Security Council 

21 Resolutions 1556 and 1564. 

22 (6) United Nations Security Council Resolution 

23 1564 declares that if the Government of Sudan 

24 ‘‘fails to comply fully’’ with Security Council Resolu25 tions 1556 and 1564, the Security Council shall con-
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1 sider taking ‘‘additional measures’’ against the Gov2 ernment of Sudan ‘‘as contemplated in Article 41 of 

3 the Charter of the United Nations, such as actions 

4 to affect Sudan’s petroleum sector or individual 

5 members of the Government of Sudan, in order to 

6 take effective action to obtain such full compliance 

7 and cooperation’’. 

8 (7) United Nations Security Council Resolution 

9 1564 also ‘‘welcomes and supports the intention of 

10 the African Union to enhance and augment its moni11 toring mission in Darfur’’ and ‘‘urges member states 

12 to support the African Union in these efforts, includ13 ing by providing all equipment, logistical, financial, 

14 material, and other resources necessary to support 

15 the rapid expansion of the African Union Mission’’. 

16 (8) On February 1, 2005, the United Nations 

17 released the Report of the International Commission 

18 of Inquiry on Darfur to the United Nations Sec19 retary-General, dated January 25, 2005, which stat20 ed that, ‘‘[g]overnment forces and militias conducted 

21 indiscriminate attacks, including killing of civilians, 

22 torture, enforced disappearances, destruction of vil23 lages, rape and other forms of sexual violence, pil24 laging and forced displacement throughout Darfur’’, 

25 that such ‘‘acts were conducted on a widespread and 
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1 systematic basis, and therefore may amount to 

2 crimes against humanity’’, and that the ‘‘magnitude 

3 and large-scale nature of some crimes against hu4 manity as well as their consistency over a long pe5 riod of time, necessarily imply that these crimes re6 sult from a central planning operation’’. 

7 (9) The Report of the International Commis8 sion of Inquiry on Darfur to the United Nations 

9 Secretary-General notes that, pursuant to its man10 date and in the course of its work, the UN Commis11 sion collected information relating to individual per12 petrators of acts constituting ‘‘violations of inter13 national human rights law and international human14 itarian law, including crimes against humanity and 

15 war crimes’’ and that the UN Commission has deliv16 ered to the Secretary-General of the United Nations 

17 a sealed file of those named by the UN Commission 

18 with the recommendation that the ‘‘file be handed 

19 over to a competent Prosecutor’’. 

20 SEC. 4. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) the atrocities unfolding in Darfur, Sudan, 

23 have been and continue to be genocide; 
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1 (2) the United States should immediately seek 

2 passage at the United Nations Security Council of a 

3 resolution that— 

4 (A) requires member states to freeze the 

5 property and assets of, deny visas to, and deny 

6 entry to— 

7 (i) those named by the UN Commis8 sion; 

9 (ii) family members of those named by 

10 the UN Commission; and 

11 (iii) any associates of those named by 

12 the UN Commission to whom assets or 

13 property of those named by the UN Com14 mission were transferred on or after June 

15 11, 2004; 

16 (B) urges member states to submit to the 

17 Security Council the name of any individual 

18 that the government of any such member state 

19 believes is or has been planning, carrying out, 

20 responsible for, or otherwise involved in geno21 cide, war crimes, or crimes against humanity in 

22 Darfur, along with evidence supporting such be23 lief so that the Security Council may consider 

24 imposing sanctions described in subparagraph 
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1 (A) against those individuals described in such 

2 subparagraph; 

3 (C) imposes sanctions or additional meas4 ures against the Government of Sudan, includ5 ing sanctions that will affect the petroleum sec6 tor in Sudan, individual members of the Gov7 ernment of Sudan, and entities controlled or 

8 owned by officials of the government of Sudan 

9 or the National Congress Party in Sudan, that 

10 will remain in effect until such time as— 

11 (i) humanitarian organizations are 

12 granted full, unimpeded access to Darfur; 

13 (ii) the Government of Sudan cooper14 ates with humanitarian relief efforts, car15 ries out activities to demobilize and disarm 

16 Janjaweed militias and any other militias 

17 supported or created by the Government of 

18 Sudan, and cooperates fully with efforts to 

19 bring to justice the individuals responsible 

20 for genocide, war crimes, or crimes against 

21 humanity in Darfur; 

22 (iii) the Government of Sudan cooper23 ates fully with the African Union, the 

24 United Nations, and all other observer, 
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1 monitoring, and protection missions man2 dated to operate in Sudan; 

3 (iv) the Government of Sudan permits 

4 the safe and voluntary return of displaced 

5 persons and refugees to their homes and 

6 rebuilds the communities destroyed in the 

7 violence in Darfur; and 

8 (v) the Sudan North-South Peace 

9 Agreement is fully implemented and a new 

10 coalition government is created under such 

11 Agreement; 

12 (D) establishes a military no-fly zone in 

13 Darfur; 

14 (E) supports the expansion of the African 

15 Union force in Darfur so that such force 

16 achieves the size and strength needed to pre17 vent ongoing fighting and violence in Darfur; 

18 (F) urges member states to accelerate as19 sistance to the African Union force in Darfur; 

20 (G) calls on the Government of Sudan to 

21 cooperate with, and allow unrestricted move22 ment in Darfur by, the African Union force in 

23 the region, international humanitarian organi24 zations, and United Nations monitors; 
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1 (H) extends the embargo of military equip2 ment established by paragraphs 7 through 9 of 

3 Security Council Resolution 1556 to include the 

4 prohibition of sale or supply to the Government 

5 of Sudan; and 

6 (I) supports African Union efforts to nego7 tiate peace talks between the Government of 

8 Sudan and rebels in Darfur, calls on the Gov9 ernment of Sudan and rebels in Darfur to abide 

10 by their obligations under the N’Djamena 

11 Ceasefire Agreement of April 8, 2004 and sub12 sequent agreements, and urges parties to en13 gage in peace talks without preconditions and 

14 seek to resolve the conflict; 

15 (3) the United States should work with other 

16 nations to ensure effective efforts to freeze the prop17 erty and assets of and deny visas and entry to— 

18 (A) those named by the UN Commission; 

19 (B) any individuals the United States be20 lieves is or has been planning, carrying out, re21 sponsible for, or otherwise involved in genocide, 

22 war crimes, and crimes against humanity in 

23 Darfur; 

24 (C) family members of any person de25 scribed in subparagraphs (A) or (B); and 
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1 (D) any associates of any such person to 

2 whom assets or property of such person were 

3 transferred on or after June 11, 2004; 

4 (4) the United States should support account5 ability through action by the United Nations Secu6 rity Council, pursuant to Chapter VII of the Charter 

7 of the United Nations, to ensure the prompt pros8 ecution and adjudication in a competent inter9 national court of justice of those named by the UN 

10 Commission; 

11 (5) the United States should not provide assist12 ance to the Government of Sudan, other than assist13 ance necessary for the implementation of the Sudan 

14 North-South Peace Agreement, the support of the 

15 southern regional government in Sudan, or for hu16 manitarian purposes in Sudan, unless the President 

17 certifies and reports to Congress that— 

18 (A) humanitarian organizations are being 

19 granted full, unimpeded access to Darfur and 

20 the Government of Sudan is providing full co21 operation with humanitarian efforts; 

22 (B) concrete, sustained steps are being 

23 taken toward demobilizing and disarming 

24 Janjaweed militias and any other militias sup25 ported or created by the Government of Sudan; 
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1 (C) the Government of Sudan is cooper2 ating fully with efforts to bring to justice those 

3 responsible for genocide, war crimes, or crimes 

4 against humanity in Darfur; 

5 (D) the Government of Sudan cooperates 

6 fully with the African Union, the United Na7 tions, and all other observer, monitoring, and 

8 protection missions mandated to operate in 

9 Sudan; 

10 (E) the Government of Sudan permits the 

11 safe and voluntary return of displaced persons 

12 and refugees to their homes and rebuilds the 

13 communities destroyed in the violence in 

14 Darfur; and 

15 (F) the Sudan North-South Peace Agree16 ment is fully implemented and a new coalition 

17 government is created under such Agreement; 

18 (6) the President should work with the African 

19 Union and other international organizations and na20 tions to establish mechanisms for the enforcement of 

21 a no-fly zone in Darfur; 

22 (7) the African Union should extend its man23 date in Darfur to include the protection of civilians 

24 and proactive efforts to prevent violence, and mem25 ber states should support fully this extension; 
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1 (8) the President should accelerate assistance 

2 to the African Union force in Darfur and discussions 

3 with the African Union and the European Union 

4 and other supporters of the African Union force on 

5 the needs of such force, including assistance for 

6 housing, transportation, communications, equipment, 

7 technical assistance such as training and command 

8 and control assistance, and intelligence; 

9 (9) the President should appoint a Presidential 

10 Envoy for Sudan— 

11 (A) to support the implementation of the 

12 Sudan North-South Peace Agreement; 

13 (B) to seek ways to bring stability and 

14 peace to Darfur; 

15 (C) to address instability elsewhere in 

16 Sudan; and 

17 (D) to seek a comprehensive peace 

18 throughout Sudan; 

19 (10) United States officials, including the Presi20 dent, the Secretary of State, and the Secretary of 

21 Defense, should raise the issue of Darfur in bilateral 

22 meetings with officials from other members of the 

23 United Nations Security Council and relevant coun24 tries, with the aim of passing a United Nations Se25 curity Council resolution described in paragraph (2) 
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1 and mobilizing maximum support for political, finan2 cial, and military efforts to stop the genocide in 

3 Darfur; 

4 (11) the Secretary of State should immediately 

5 engage in a concerted, sustained campaign with 

6 other members of the United Nations Security 

7 Council and relevant countries with the aim of 

8 achieving the goals described in paragraph (10); 

9 (12) the United States fully supports the Sudan 

10 North-South Peace Agreement and urges the rapid 

11 implementation of its terms; and 

12 (13) the United States condemns attacks on 

13 humanitarian workers and calls on all forces in 

14 Darfur, including forces of the Government of 

15 Sudan, all militia, and forces of the Sudan People’s 

16 Liberation Army/Movement and the Justice and 

17 Equality Movement, to refrain from such attacks. 

18 SEC. 5. IMPOSITION OF SANCTIONS. 

19 (a) FREEZING ASSETS.—At such time as the United 

20 States has access to the names of those named by the UN 

21 Commission, the President shall take such action as may 

22 be necessary to immediately freeze the funds and other 

23 assets belonging to anyone so named, their family mem24 bers, and any associates of those so named to whom assets 

25 or property of those so named were transferred on or after 
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1 June 11, 2004, including requiring that any United States 

2 financial institution holding such funds and assets 

3 promptly report those funds and assets to the Office of 

4 Foreign Assets Control. 

5 (b) VISA BAN.—Beginning at such times as the 

6 United States has access to the names of those named 

7 by the UN Commission, the President shall deny visas and 

8 entry to— 

9 (1) those named by the UN Commission; 

10 (2) the family members of those named by the 

11 UN Commission; and 

12 (3) anyone the President determines has been, 

13 is, or may be planning, carrying out, responsible for, 

14 or otherwise involved in crimes against humanity, 

15 war crimes, or genocide in Darfur, Sudan. 

16 (c) ASSET REPORTING REQUIREMENT.—Not later 

17 than 14 days after a decision to freeze the property or 

18 assets of, or deny a visa or entry to, any person under 

19 this section, the President shall report the name of such 

20 person to the appropriate congressional committees. 

21 (d) NOTIFICATION OF WAIVERS OF SANCTIONS.—

22 Not later than 30 days before waiving the provisions of 

23 any sanctions currently in force with regard to Sudan, the 

24 President shall submit to the appropriate congressional 
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1 committees a report describing the waiver and the reasons 

2 therefor. 

3 SEC. 6. REPORTS TO CONGRESS. 

4 (a) REPORTS ON STABILIZATION IN SUDAN.— 

5 (1) INITIAL REPORT.—Not later than 30 days 

6 after the date of enactment of this Act, the Sec7 retary of State, in conjunction with the Secretary of 

8 Defense, shall report to the appropriate congres9 sional committees on efforts to deploy an African 

10 Union force in Darfur, the capacity of such force to 

11 stabilize Darfur and protect civilians, the needs of 

12 such force to succeed at such mission including 

13 housing, transportation, communications, equipment, 

14 technical assistance, including training and com15 mand and control, and intelligence, current status of 

16 United States and other assistance to the African 

17 Union force, and additional United States assistance 

18 needed. 

19 (2) SUBSEQUENT REPORTS.—The Secretary of 

20 State, in conjunction with the Secretary of Defense, 

21 shall submit not less than every 60 days until such 

22 time as the President certifies that the situation in 

23 Darfur is stable and that civilians are no longer in 

24 danger and that the African Union is no longer 
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1 needed to prevent a resumption of violence and at2 tacks against civilians. 

3 (b) REPORT ON THOSE NAMED BY THE UN COMMIS4 SION.—At such time as the United States has access to 

5 the names of those named by the UN Commission, the 

6 President shall submit to the appropriate congressional 

7 committees a report listing such names. 

8 (c) REPORTS ON ACCOUNTABILITY.— 

9 (1) IN GENERAL.—No later than 30 days after 

10 the date of enactment of this Act and every 30 days 

11 thereafter, the President shall submit to the appro12 priate congressional committees a report on the sta13 tus of efforts in the United Nations Security Council 

14 to ensure prompt prosecution and adjudication of 

15 those named by the UN Commission in a competent 

16 international court of justice. 

17 (2) CONTENT.—The reports required under 

18 paragraph (1) shall describe— 

19 (A) the status of any relevant resolution 

20 introduced in the United Nations Security 

21 Council; 

22 (B) the policy of the United States with 

23 regard to such resolutions; 

24 (C) the status of all possible venues for 

25 prosecution and adjudication of those named by 
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1 the UN Commission, including whether such 

2 venues have the jurisdiction, personnel and as3 sets necessary to promptly prosecute and adju4 dicate cases involving such persons; and 

5 (D) any ongoing or planned United States 

6 or other assistance related to the prosecution 

7 and adjudication of cases involving those named 

8 by the UN Commission.

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