II 

Calendar No. 699 

111TH CONGRESS 

2D SESSION S. 3297 

[Report No. 111–369] 

To update United States policy and authorities to help advance a genuine 

transition to democracy and to promote economic recovery in Zimbabwe. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2010 

Mr. FEINGOLD (for himself, Mr. ISAKSON, Mr. KERRY, Mr. CARDIN, and Mr. 

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

to the Committee on Foreign Relations 

DECEMBER 15, 2010 

Reported by Mr. KERRY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To update United States policy and authorities to help advance a genuine transition to democracy and to promote 

economic recovery in Zimbabwe. 

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 ‘‘Zimbabwe Transition 

5 to Democracy and Economic Recovery Act of 2010.’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

6 (A) the Committee on Foreign Relations, 

7 the Committee on Banking, Housing, and 

8 Urban Affairs, and the Committee on Appro9 priations of the Senate; and 

10 (B) the Committee on Foreign Affairs, the 

11 Committee on Financial Services, and the Com12 mittee on Appropriations of the House of Rep13 resentatives. 

14 (2) INTERNATIONAL FINANCIAL INSTITU15 TIONS.—The term ‘‘international financial institu16 tions’’ means the multilateral development banks 

17 and the International Monetary Fund. 

18 (3) MULTILATERAL DEVELOPMENT BANKS.— 

19 The term ‘‘multilateral development banks’’ 

20 means— 

21 (A) the International Bank for Reconstruc22 tion and Development; 

23 (B) the International Development Asso24 ciation; 

25 (C) the International Finance Corporation; 


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1 (D) the Inter-American Development 

2 Bank; 

3 (E) the Asian Development Bank; 

4 (F) the Inter-American Investment Cor5 poration; 

6 (G) the African Development Bank; 

7 (H) the African Development Fund; 

8 (I) the European Bank for Reconstruction 

9 and Development; and 

10 (J) the Multilateral Investment Guarantee 

11 Agency. 

12 SEC. 3. FINDINGS. 

13 Congress makes the following findings: 

14 (1) In the last decade, Robert Mugabe and his 

15 government presided over the collapse of Zimbabwe’s 

16 economy and a dramatic decline in the living condi17 tions of the people of Zimbabwe, while employing 

18 violent tactics to maintain power. 

19 (2) Through economic mismanagement and un20 democratic practices over the past decade, the Gov21 ernment of Zimbabwe rendered itself ineligible to re22 ceive new loans, credits, or guarantees from most 

23 international financial institutions, which would oth24 erwise be providing substantial resources to assist in 

25 the recovery and modernization of Zimbabwe’s econVerDate Mar 15 2010 01:20 Dec 16, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3297.RS S3297

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1 omy and which would have benefitted the people of 

2 Zimbabwe. 

3 (3) In September 2008, after months of polit4 ical violence against opposition members and their 

5 supporters following disputed national elections, 

6 Robert Mugabe’s party, the Zimbabwean African 

7 National Union-Patriotic Front (ZANU–PF), signed 

8 a ‘‘Global Political Agreement’’ (GPA) with both 

9 factions of the opposition Movement for Democratic 

10 Change (MDC), respectively led by Morgan 

11 Tsvangirai and Arthur Mutambara, to form a tran12 sitional government, which was inaugurated in Feb13 ruary 2009. 

14 (4) In the GPA, which has been enshrined in 

15 the constitution of Zimbabwe and guaranteed by the 

16 Southern African Development Community (SADC) 

17 and the African Union (AU), the parties declared 

18 their commitment to ‘‘work together to create a gen19 uine, viable, permanent, sustainable, and nationally 

20 acceptable solution to the Zimbabwe situation and in 

21 particular to implement the following agreement 

22 with the aims of resolving once and for all the cur23 rent political and economic situations and charting 

24 a new political direction for the country’’. 


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1 (5) Under the direction of the new Prime Min2 ister, Morgan Tsvangirai, and Minister of Finance, 

3 Tendai Biti, both from the MDC, the transitional 

4 government in Zimbabwe has initiated a series of 

5 critical economic reforms, putting a stop to some of 

6 the quasi-fiscal activities of the previous administra7 tion, resuming salary payments to civil servants, and 

8 directing limited budget resources toward critical so9 cial protection services and infrastructure repairs. 

10 (6) While reform-minded members of the new 

11 coalition government have made some progress in 

12 initiating reforms in the economic sector, the agree13 ment has yet to be fully implemented, and political 

14 and human rights abuses continue, in contravention 

15 of the Global Political Agreement signed by the par16 ties. 

17 (7) As of the date of the enactment of this Act, 

18 state security forces remain largely under the control 

19 of ZANU–PF and continue to harass MDC sup20 porters and civic activists in Zimbabwe, to force ille21 gal and often violent seizures of private land and 

22 property, and to exert extrajudicial control of dia23 mond fields in the Marange district of eastern 

24 Zimbabwe. 


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1 (8) The continued disrespect for the rule of law 

2 and property rights in Zimbabwe deters much need3 ed private investment in the country. 

4 (9) The formation of the transitional govern5 ment has brought changes to the political landscape 

6 in Zimbabwe and created new opportunities for the 

7 United States and others to help advance real re8 form and recovery by engaging with those in the 

9 government who share those goals, while continuing 

10 to put targeted pressure on those who are under11 mining the rule of law. 

12 SEC. 4. STATEMENT OF POLICY. 

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

14 people of Zimbabwe in their struggle to affect peaceful, 

15 democratic change, achieve broad-based and equitable eco16 nomic growth, and restore the rule of law, including 

17 through— 

18 (1) the continued provision of humanitarian as19 sistance to meet the urgent needs of the people of 

20 Zimbabwe; 

21 (2) increased resources through non-govern22 mental entities to provide assistance to the critical 

23 agriculture, economic, education, and health sectors; 

24 (3) the promotion of trade by United States 

25 companies with Zimbabwe to stimulate the country’s 


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1 economic growth and support the livelihoods of its 

2 people; 

3 (4) engagement and close consultation with re4 gional governments and organizations, international 

5 financial institutions, and other donors to push for 

6 the full implementation of the Global Political 

7 Agreement and provide targeted support for funda8 mental reforms in Zimbabwe; 

9 (5) continued support for and engagement with 

10 civil society organizations in their efforts to promote 

11 the rule of law and respect for human rights in 

12 Zimbabwe, including through their contributions to 

13 the development of a new democratic constitution; 

14 (6) technical assistance to those within the 

15 transitional government in Zimbabwe who dem16 onstrate commitment to fundamental reforms in line 

17 with the Global Political Agreement; 

18 (7) the continuation of the ban on the transfer 

19 of defense items and services and the suspension of 

20 direct monetary assistance to the Government of 

21 Zimbabwe until there is greater progress toward re22 storing the rule of law, civilian control over security 

23 forces, and respect for human rights; and 

24 (8) the updating and renewal of targeted finan25 cial sanctions and travel bans against those found to 


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1 be responsible for the deliberate breakdown of the 

2 rule of law, politically motivated violence, hindrance 

3 of democracy, and other ongoing illegal activities in 

4 Zimbabwe. 

5 SEC. 5. TECHNICAL ASSISTANCE TO THE TRANSITIONAL 

6 GOVERNMENT OF ZIMBABWE TO SUPPORT 

7 REFORMS. 

8 (a) AUTHORITY.—In accordance with section 531 of 

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2346) and 

10 notwithstanding any other provision of law, the President 

11 is authorized to provide technical assistance to ministries 

12 of the transitional Government of Zimbabwe and to the 

13 Parliament of Zimbabwe to provide the expertise and sup14 port necessary to ensure progress on economic, political, 

15 and security sector reforms. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the transitional Government of Zimbabwe 

19 should work to fully enact the economic, political, 

20 and security sector reforms envisaged under the 

21 Global Political Agreement; 

22 (2) the United States should continue to pro23 vide technical assistance to build the capacity of 

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1 ment of Zimbabwe that demonstrate a commitment 

2 to those reforms; 

3 (3) the Parliament of Zimbabwe should work to 

4 make the government in that country accountable 

5 and to hasten the pace of reform; and 

6 (4) the United States should continue to pro7 vide technical assistance as needed to the Parliament 

8 of Zimbabwe to support efforts to review, and as 

9 necessary, amend or repeal legislation that— 

10 (A) violates freedom of expression, assem11 bly, or association; or 

12 (B) violates private property rights and de13 ters much-needed private investment. 

14 SEC. 6. SUPPORT FOR LAND REFORM, AGRICULTURAL DE15 VELOPMENT, AND FOOD SECURITY TO LAY 

16 THE GROUNDWORK FOR ECONOMIC RECOV17 ERY. 

18 (a) LAND REFORM.—It is the sense of Congress 

19 that— 

20 (1) the absence of respect for property rights in 

21 Zimbabwe continues to hinder agricultural produc22 tivity and economic recovery; and 

23 (2) the United States should support credible 

24 efforts to conduct a comprehensive, transparent, and 


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1 non-partisan land audit as a critical step toward es2 tablishing accountability and security of tenure. 

3 (b) FOOD DISTRIBUTION AND PRODUCTION.—It is 

4 the sense of Congress that United States assistance to 

5 Zimbabwe should, to the extent possible given existing 

6 concerns about land tenure security— 

7 (1) support market-based mechanisms for the 

8 provision of credit and access to the inputs nec9 essary for agricultural production and for the han10 dling, marketing, storage, and processing of agricul11 tural commodities; 

12 (2) encourage policies that provide incentives 

13 for agricultural production; and 

14 (3) support institutions that provide technical 

15 and financial support for the agriculture sector. 

16 SEC. 7. AMENDMENT TO THE ZIMBABWE DEMOCRACY AND 

17 ECONOMIC RECOVERY ACT OF 2001 TO RE18 SPOND TO ZIMBABWE’S POLITICAL TRANSI19 TION. 

20 Section 4 of the Zimbabwe Democracy and Economic 

21 Recovery Act of 2001 (Public Law No. 107–99; 115 Stat. 

22 962) is amended to read as follows: 


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1 ‘‘SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND 

2 ECONOMIC RECOVERY. 

3 ‘‘(a) FINDINGS.—Congress finds that the parties to 

4 the September 15, 2008, Global Political Agreement be5 tween the Zimbabwe African National Union-Patriotic 

6 Front (ZANU–PF) and the Movement for Democratic 

7 Change (MDC) committed themselves by law to work to8 gether to chart a new political direction for Zimbabwe, to 

9 prioritize the restoration of economic stability and growth, 

10 and to create conditions for the drafting of a new constitu11 tion that respects human rights and democratic principles. 

12 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Con13 gress that, in order for the United States to most effec14 tively support a transition to democratic and economic re15 covery in Zimbabwe to the greatest effect, United States 

16 policy should, to the extent possible, reflect new political 

17 conditions and opportunities created by the Global Polit18 ical Agreement. 

19 ‘‘(c) DEBT RELIEF.—The Secretary of the Treasury, 

20 in consultation with the Secretary of State, shall gather 

21 information on the debt incurred by Zimbabwe held by 

22 international financial institutions and private financial 

23 institutions, and the feasibility and advisability of restruc24 turing, rescheduling, or eliminating such debt in the fu25 ture, including by using the resources of the International 

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1 tion and Development, and other appropriate international 

2 financial institutions. 

3 ‘‘(d) MULTILATERAL FINANCING CONDITIONS.—The 

4 Secretary of the Treasury shall instruct the United States 

5 executive director to each international financial institu6 tion to oppose any extension by the respective institution 

7 of any loan, credit, or guarantee to the Government of 

8 Zimbabwe unless the proposed extension meets the fol9 lowing conditions: 

10 ‘‘(1) There are sufficient controls for trans11 parency and international oversight of the use of rel12 evant funds. 

13 ‘‘(2) Relevant funds, in cases where the inter14 national financial institutions are providing direct 

15 funding to or through the Government of Zimbabwe, 

16 will not be administered through or in coordination 

17 with— 

18 ‘‘(A) ministries that have not demonstrated 

19 a commitment to reform and responsible fiscal 

20 management; or 

21 ‘‘(B) the Reserve Bank of Zimbabwe, un22 less there are sufficient guarantees and a pat23 tern of evidence that governance problems with24 in the Reserve Bank of Zimbabwe have been 


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1 addressed such that relevant funds will not be 

2 redirected for extra-legal purposes. 

3 ‘‘(3) Relevant funds will not be administered by 

4 or directly accessible to individuals or financial insti5 tutions sanctioned by the United States. 

6 ‘‘(e) NOTIFICATION.— 

7 ‘‘(1) IN GENERAL.—If the United States votes 

8 in favor of any loan, credit, or guarantee to the Gov9 ernment of Zimbabwe by an international financial 

10 institution, the Secretary of the Treasury, in coordi11 nation with the Secretary of State, shall notify the 

12 appropriate congressional committees within 30 days 

13 of such vote and provide appropriate information on 

14 such vote pertaining to the conditions in subsection 

15 (d). 

16 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES DEFINED.—In this subsection, the term ‘ap18 propriate congressional committees’ means— 

19 ‘‘(A) the Committee on Foreign Relations, 

20 the Committee on Banking, Housing, and 

21 Urban Affairs, and the Committee on Appro22 priations of the Senate; and 

23 ‘‘(B) the Committee on Foreign Affairs, 

24 the Committee on Financial Services, and the 


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1 Committee on Appropriations of the House of 

2 Representatives. 

3 ‘‘(f) WAIVER.—The President may waive the provi4 sions in subsection (d) and (e) if the President determines 

5 that it is in the national interest of the United States to 

6 do so.’’. 

7 SEC. 8. AMENDMENT TO THE DEPARTMENT OF STATE, FOR8 EIGN OPERATIONS, AND RELATED PRO9 GRAMS APPROPRIATIONS ACT OF 2010 TO UP10 DATE RESTRICTIONS ON UNITED STATES AS11 SISTANCE FOR THE GOVERNMENT OF 

12 ZIMBABWE. 

13 Subsection 7070(i) of the Department of State, For14 eign Operations, and Related Programs Appropriations 

15 Act of 2010 (division F of Public Law 111–117; 123 Stat. 

16 3388) is amended to read as follows: ‘‘None of the funds 

17 appropriated by this Act may be made available for assist18 ance for the central Government of Zimbabwe, except for 

19 macroeconomic growth, health, and education assistance, 

20 unless the Secretary of State determines and reports in 

21 writing to the Committees on Appropriations that the rule 

22 of law has been restored in Zimbabwe, including respect 

23 for ownership and title to property and freedom of speech 

24 and association.’’ 


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1 SEC. 9. ACTIONS TO STOP ILLEGAL DIAMOND FLOWS. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) According to credible human rights organi5 zations, the armed forces of Zimbabwe continue to 

6 exert control over diamond mines in the Marange 

7 district of eastern Zimbabwe, and have committed 

8 horrific abuses against miners and local residents, 

9 including extrajudicial killings, beatings, and torture. 

10 (2) A review mission of the Kimberley Process 

11 traveled to Zimbabwe from June 30 to July 4, 2009, 

12 and documented extensive smuggling of diamonds 

13 and abuses against civilians by the police and army 

14 forces of the Government of Zimbabwe. The review 

15 mission reportedly found there to be ‘‘credible indi16 cations of significant non-compliance’’ by the Gov17 ernment of Zimbabwe with the minimum standards 

18 of the Kimberley Process. 

19 (3) On December 11, 2009, the United States 

20 Senior Advisor to the Permanent Representative of 

21 the United States to the 64th Session of the General 

22 Assembly stated that the United States has ‘‘serious 

23 concerns about Zimbabwe’s non-compliance with the 

24 minimum requirements of the Kimberley Process, 

25 particularly relating to smuggling and grave violence 

26 in and around the Marange diamond fields’’. 


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1 (4) The army and police forces of the Govern2 ment of Zimbabwe continue to serve primarily as in3 struments of ZANU–PF, and their illegal activities 

4 involving diamonds continue to fuel the efforts of 

5 ZANU–PF to undermine democratic processes and 

6 institutions. 

7 (b) SENSE OF CONGRESS.—In order to promote re8 spect for the rule of law and to prevent further human 

9 rights violations by state security forces in Zimbabwe, it 

10 is the sense of Congress that, until the Secretary of State 

11 can certify that Zimbabwe is in full compliance with the 

12 Kimberley Process, the President should— 

13 (1) press for Zimbabwe to be suspended from 

14 the Kimberley Process diamond certification scheme; 

15 (2) work with Zimbabwe’s neighbors as well as 

16 with regional organizations to help stop the flow of 

17 diamonds mined in Zimbabwe from crossing their 

18 shared border; and 

19 (3) seek to identify and prepare sanctions pur20 suant to Executive Order 13391 on individuals and 

21 entities funding efforts to undermine democratic 

22 processes and institutions in Zimbabwe through ille23 gal activities involving diamonds. 


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1 SEC. 10. UPDATING AND TIGHTENING OF UNITED STATES 

2 TARGETED SANCTIONS RELATING TO 

3 ZIMBABWE. 

4 It is the sense of Congress that the Secretary of the 

5 Treasury, in close consultation with the Secretary of State 

6 and other relevant officials of the United States Govern7 ment, should regularly review and update targeted sanc8 tions related to Zimbabwe, giving particular attention to— 

9 (1) the ways in which certain entities directly 

10 support or fund activities in Zimbabwe that under11 mine democratic processes and institutions; 

12 (2) the role and functions of certain entities in 

13 activities critical to economic recovery in Zimbabwe; 

14 and 

15 (3) how sanctions could be strengthened against 

16 those entities that continue to directly support or 

17 fund activities that are undermining democratic 

18 processes and institutions in Zimbabwe. 

19 SEC. 11. PREPARATIONS TO SUPPORT EFFORTS TO PRE20 VENT FUTURE ELECTION VIOLENCE AND 

21 ABUSES. 

22 It is the sense of Congress that the United States 

23 Government should begin engaging with international 

24 partners and regional governments to develop a coordi25 nated strategy to prepare for future elections in 


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1 Zimbabwe, particularly to help reduce the risk of violence 

2 and other abuses related to such elections. 

3 SEC. 12. BRIEFING TO CONGRESS. 

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

5 date of the enactment of this Act, the Secretary of the 

6 Treasury, the Secretary of State, and the Administrator 

7 of the United States Agency for International Develop8 ment shall provide the appropriate congressional commit9 tees a briefing on efforts made pursuant to this Act. 

10 (b) CONTENT.—The briefing required by subsection 

11 (a) shall include the following: 

12 (1) A description of what technical assistance 

13 has been provided by the United States and by 

14 international financial institutions to ministries of 

15 the transitional Government of Zimbabwe and to the 

16 Parliament of Zimbabwe, an assessment of how that 

17 assistance has contributed to demonstrable progress 

18 on economic and political reforms, and recommenda19 tions for any additional changes in United States 

20 law or policy that are needed to strengthen the op21 portunity for democratic and economic reforms in 

22 Zimbabwe to succeed. 

23 (2) A description of steps taken pursuant to 

24 section 9 to investigate and address the connection 

25 between illegal activities involving diamonds and efVerDate Mar 15 2010 01:20 Dec 16, 2010 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S3297.RS S3297

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1 forts to undermine democratic processes and institu2 tions in Zimbabwe. 

3 (3) A description of efforts made pursuant to 

4 section 10 and any changes resulting from the re5 view and updating of United States targeted sanc6 tions relating to Zimbabwe. 

7 (4) A description of efforts made pursuant to 

8 section 11 and progress made toward developing a 

9 coordinated strategy to prepare for future elections 

10 in Zimbabwe. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Zimbabwe Transition 

13 to Democracy and Economic Recovery Act of 2010.’’. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional commit18 tees’’ means— 

19 (A) the Committee on Foreign Relations, the 

20 Committee on Banking, Housing, and Urban Af21 fairs, and the Committee on Appropriations of 

22 the Senate; and 

23 (B) the Committee on Foreign Affairs, the 

24 Committee on Financial Services, and the ComVerDate Mar 15 2010 01:20 Dec 16, 2010 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S3297.RS S3297

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1 mittee on Appropriations of the House of Rep2 resentatives. 

3 (2) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

4 The term ‘‘international financial institutions’’ 

5 means the multilateral development banks and the 

6 International Monetary Fund. 

7 (3) MULTILATERAL DEVELOPMENT BANKS.—The 

8 term ‘‘multilateral development banks’’ has the mean9 ing given that term in section 1307 of the Inter10 national Financial Institutions Act (22 U.S.C. 

11 262m–7). 

12 SEC. 3. FINDINGS. 

13 Congress makes the following findings: 

14 (1) In the last decade, Robert Mugabe and his 

15 government presided over the collapse of Zimbabwe’s 

16 economy and a dramatic decline in the living condi17 tions of the people of Zimbabwe, while employing vio18 lent tactics to maintain power. 

19 (2) Through economic mismanagement and un20 democratic practices over the past decade, the Govern21 ment of Zimbabwe rendered itself ineligible to receive 

22 new loans, credits, or guarantees from most inter23 national financial institutions, which would otherwise 

24 be providing substantial resources to assist in the re25 covery and modernization of Zimbabwe’s economy 


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1 and which would have benefitted the people of 

2 Zimbabwe. 

3 (3) In September 2008, after months of political 

4 violence against opposition members and their sup5 porters following disputed national elections, Robert 

6 Mugabe’s party, the Zimbabwean African National 

7 Union-Patriotic Front (ZANU-PF), signed a ‘‘Global 

8 Political Agreement’’ (GPA) with both factions of the 

9 opposition Movement for Democratic Change (MDC), 

10 respectively led by Morgan Tsvangirai and Arthur 

11 Mutambara, to form a transitional government, 

12 which was inaugurated in February 2009. 

13 (4) In the GPA, which has been enshrined in the 

14 constitution of Zimbabwe and guaranteed by the 

15 Southern African Development Community (SADC) 

16 and the African Union (AU), the parties declared 

17 their commitment to ‘‘work together to create a gen18 uine, viable, permanent, sustainable, and nationally 

19 acceptable solution to the Zimbabwe situation and in 

20 particular to implement the following agreement with 

21 the aims of resolving once and for all the current po22 litical and economic situations and charting a new 

23 political direction for the country’’. 

24 (5) Under the direction of the new Prime Min25 ister, Morgan Tsvangirai, and Minister of Finance, 


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1 Tendai Biti, both from the MDC, the transitional gov2 ernment in Zimbabwe has initiated a series of crit3 ical economic reforms, putting a stop to some of the 

4 quasi-fiscal activities of the previous administration, 

5 resuming salary payments to civil servants, and di6 recting limited budget resources toward critical social 

7 protection services and infrastructure repairs. 

8 (6) While reform-minded members of the new co9 alition government have made some progress in initi10 ating reforms in the economic sector, the agreement 

11 has yet to be fully implemented, and political and 

12 human rights abuses continue, in contravention of the 

13 Global Political Agreement signed by the parties. 

14 (7) As of the date of the enactment of this Act, 

15 state security forces remain largely under the control 

16 of ZANU-PF and continue to harass MDC supporters 

17 and civic activists in Zimbabwe, to force illegal and 

18 often violent seizures of private land and property, 

19 and to exert extrajudicial control of diamond fields in 

20 the Marange district of eastern Zimbabwe. 

21 (8) The continued disrespect for the rule of law 

22 and property rights in Zimbabwe deters much needed 

23 private investment in the country. 

24 (9) The formation of the transitional government 

25 has brought changes to the political landscape in 


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1 Zimbabwe and created new opportunities for the 

2 United States and others to help advance real reform 

3 and recovery by engaging with those in the govern4 ment who share those goals, while continuing to put 

5 targeted pressure on those who are undermining the 

6 rule of law. 

7 SEC. 4. STATEMENT OF POLICY. 

8 It is the policy of the United States to support the peo9 ple of Zimbabwe in their struggle to affect peaceful, demo10 cratic change, achieve broad-based and equitable economic 

11 growth, and restore the rule of law, including through— 

12 (1) the continued provision of humanitarian as13 sistance to meet the urgent needs of the people of 

14 Zimbabwe; 

15 (2) provide resources through non-governmental 

16 entities to assist the critical agriculture, economic, 

17 education, and health sectors; 

18 (3) the promotion of trade by United States com19 panies with non-sanctioned individuals and entities 

20 in Zimbabwe to stimulate the country’s economic 

21 growth and support the livelihoods of its people; 

22 (4) engagement and close consultation with re23 gional governments and organizations, international 

24 financial institutions, and other donors to push for 

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1 ment and provide targeted support for fundamental 

2 reforms in Zimbabwe; 

3 (5) continued support for and engagement with 

4 civil society organizations in their efforts to promote 

5 the rule of law and respect for human rights in 

6 Zimbabwe, including through their contributions to 

7 the development of a new democratic constitution; 

8 (6) technical assistance to those within the tran9 sitional government in Zimbabwe who demonstrate 

10 commitment to fundamental reforms in line with the 

11 Global Political Agreement; 

12 (7) the continuation of the ban on the transfer 

13 of defense items and services and the suspension of di14 rect monetary assistance to the Government of 

15 Zimbabwe until there is greater progress toward re16 storing the rule of law, civilian control over security 

17 forces, and respect for human rights; and 

18 (8) the updating and renewal of targeted finan19 cial sanctions and travel bans against those found to 

20 be responsible for the deliberate breakdown of the rule 

21 of law, politically motivated violence, hindrance of de22 mocracy, and other ongoing illegal activities in 

23 Zimbabwe. 


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1 SEC. 5. TECHNICAL ASSISTANCE TO THE TRANSITIONAL 

2 GOVERNMENT OF ZIMBABWE TO SUPPORT 

3 REFORMS. 

4 (a) AUTHORITY.—In accordance with section 531 of 

5 the Foreign Assistance Act of 1961 (22 U.S.C. 2346) and 

6 notwithstanding any other provision of law, the President 

7 is authorized to provide technical assistance to ministries 

8 of the transitional government of Zimbabwe and to the Par9 liament of Zimbabwe to provide the expertise and support 

10 necessary to ensure progress on economic, political, and se11 curity sector reforms. 

12 (b) SENSE OF CONGRESS.—It is the sense of Congress 

13 that— 

14 (1) the transitional Government of Zimbabwe 

15 should work to fully enact the economic, political, and 

16 security sector reforms envisaged under the Global Po17 litical Agreement; 

18 (2) the United States should continue to provide 

19 technical assistance to build the capacity of ministries 

20 and offices within the transitional government of 

21 Zimbabwe that demonstrate a commitment to those 

22 reforms; 

23 (3) the Parliament of Zimbabwe should work to 

24 make the government in that country accountable and 

25 to hasten the pace of reform; and 


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1 (4) the United States should continue to provide 

2 technical assistance as needed to the Parliament of 

3 Zimbabwe to support efforts to review, and as nec4 essary, amend or repeal legislation that violates 

5 democratic principles. 

6 (c) SUNSET.—The authority under subsection (a) shall 

7 expire on September 30, 2014. 

8 SEC. 6. SUPPORT FOR LAND REFORM, AGRICULTURAL DE9 VELOPMENT, AND FOOD SECURITY TO LAY 

10 THE GROUNDWORK FOR ECONOMIC RECOV11 ERY. 

12 (a) LAND REFORM.—It is the sense of Congress that— 

13 (1) the absence of respect for property rights in 

14 Zimbabwe continues to hinder agricultural produc15 tivity and economic recovery; and 

16 (2) the United States should support credible ef17 forts to conduct a comprehensive, transparent, and 

18 non-partisan land audit as a critical step toward es19 tablishing accountability and security of tenure. 

20 (b) FOOD DISTRIBUTION AND PRODUCTION.—It is the 

21 sense of Congress that United States assistance to 

22 Zimbabwe should, to the extent possible given existing con23 cerns about land tenure security— 

24 (1) support market-based mechanisms for the 

25 provision of credit and access to the inputs necessary 


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1 for agricultural production and for the handling, 

2 marketing, storage, and processing of agricultural 

3 commodities; 

4 (2) encourage policies that provide incentives for 

5 agricultural production; and 

6 (3) support institutions that provide technical 

7 and financial support for the agriculture sector. 

8 SEC. 7. AMENDMENT TO THE ZIMBABWE DEMOCRACY AND 

9 ECONOMIC RECOVERY ACT OF 2001 TO RE10 SPOND TO ZIMBABWE’S POLITICAL TRANSI11 TION. 

12 Section 4 of the Zimbabwe Democracy and Economic 

13 Recovery Act of 2001 (Public Law No. 107–99; 115 Stat. 

14 962) is amended to read as follows: 

15 ‘‘SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECO16 NOMIC RECOVERY. 

17 ‘‘(a) FINDINGS.—Congress finds that the parties to the 

18 September 15, 2008, Global Political Agreement between the 

19 Zimbabwe African National Union-Patriotic Front 

20 (ZANU-PF) and the Movement for Democratic Change 

21 (MDC) committed themselves by law to work together to 

22 chart a new political direction for Zimbabwe, to prioritize 

23 the restoration of economic stability and growth, and to cre24 ate conditions for the drafting of a new constitution that 

25 respects human rights and democratic principles. 


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1 ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that, in order for the United States to most effectively sup3 port a transition to democratic and economic recovery in 

4 Zimbabwe to the greatest effect, United States policy should, 

5 to the extent possible, reflect new political conditions and 

6 opportunities created by the Global Political Agreement. 

7 ‘‘(c) DEBT RELIEF.—The Secretary of the Treasury, 

8 in consultation with the Secretary of State, shall gather in9 formation on the debt incurred by Zimbabwe held by inter10 national financial institutions and private financial insti11 tutions, and the feasibility and advisability of restruc12 turing, rescheduling, or eliminating such debt in the future 

13 if the Government of Zimbabwe makes significant progress 

14 toward restoring the rule of law and enacting democratic 

15 reforms. 

16 ‘‘(d) MULTILATERAL FINANCING CONDITIONS.—The 

17 Secretary of the Treasury shall instruct the United States 

18 executive director to each international financial institu19 tion to oppose any extension by the respective institution 

20 of any loan, credit, or guarantee to the Government of 

21 Zimbabwe unless the proposed extension meets the following 

22 conditions: 

23 ‘‘(1) There are sufficient controls for trans24 parency and international oversight of the use of rel25 evant funds. 


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1 ‘‘(2) Relevant funds, in cases where the inter2 national financial institutions are providing direct 

3 funding to or through the Government of Zimbabwe, 

4 will not be administered through or in coordination 

5 with— 

6 ‘‘(A) ministries that have not demonstrated 

7 a commitment to reform and responsible fiscal 

8 management; or 

9 ‘‘(B) the Reserve Bank of Zimbabwe, unless 

10 there are sufficient guarantees and a pattern of 

11 evidence that governance problems within the Re12 serve Bank of Zimbabwe have been addressed 

13 such that relevant funds will not be redirected for 

14 extra-legal purposes. 

15 ‘‘(3) Relevant funds will not be administered by 

16 or directly accessible to individuals or financial insti17 tutions sanctioned by the United States. 

18 ‘‘(e) NOTIFICATION.— 

19 ‘‘(1) IN GENERAL.—If the United States votes in 

20 favor of any loan, credit, or guarantee to the Govern21 ment of Zimbabwe by an international financial in22 stitution, the Secretary of the Treasury, in coordina23 tion with the Secretary of State, shall notify the ap24 propriate congressional committees within 30 days of 

25 such vote and provide appropriate information on 


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1 such vote pertaining to the conditions in subsection 

2 (d). 

3 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this subsection, the term ‘appropriate 

5 congressional committees’ means— 

6 ‘‘(A) the Committee on Foreign Relations, 

7 the Committee on Banking, Housing, and Urban 

8 Affairs, and the Committee on Appropriations of 

9 the Senate; and 

10 ‘‘(B) the Committee on Foreign Affairs, the 

11 Committee on Financial Services, and the Com12 mittee on Appropriations of the House of Rep13 resentatives. 

14 ‘‘(f) WAIVER.—The President may waive the provi15 sions in subsection (d) and (e) if the President determines 

16 that it is in the national interest of the United States to 

17 do so.’’. 

18 SEC. 8. AMENDMENT TO THE DEPARTMENT OF STATE, FOR19 EIGN OPERATIONS, AND RELATED PROGRAMS 

20 APPROPRIATIONS ACT OF 2010 TO UPDATE 

21 RESTRICTIONS ON UNITED STATES ASSIST22 ANCE FOR THE GOVERNMENT OF ZIMBABWE. 

23 Subsection 7070(i) of the Department of State, Foreign 

24 Operations, and Related Programs Appropriations Act of 

25 2010 (division F of Public Law 111–117; 123 Stat. 3388) 


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1 is amended to read as follows: ‘‘None of the funds appro2 priated by this Act may be made available for assistance 

3 for the central government of Zimbabwe, except for macro4 economic growth, health, and education assistance, unless 

5 the Secretary of State determines and reports in writing 

6 to the Committees on Appropriations that the rule of law 

7 has been restored in Zimbabwe, including respect for owner8 ship and title to property and freedom of speech and asso9 ciation.’’ 

10 SEC. 9. ACTIONS TO STOP ILLEGAL DIAMOND FLOWS. 

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

12 (1) According to credible human rights organiza13 tions, the armed forces of Zimbabwe continue to exert 

14 control over diamond mines in the Marange district 

15 of eastern Zimbabwe, and have committed horrific 

16 abuses against miners and local residents, including 

17 extrajudicial killings, beatings, and torture. 

18 (2) A review mission of the Kimberley Process 

19 traveled to Zimbabwe from June 30 to July 4, 2009, 

20 and documented extensive smuggling of diamonds and 

21 abuses against civilians by the police and army forces 

22 of the Government of Zimbabwe. The review mission 

23 reportedly found there to be ‘‘credible indications of 

24 significant non-compliance’’ by the Government of 


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1 Zimbabwe with the minimum standards of the Kim2 berley Process. 

3 (3) On December 11, 2009, the United States 

4 Senior Advisor to the Permanent Representative of 

5 the United States to the 64th Session of the General 

6 Assembly stated that the United States has ‘‘serious 

7 concerns about Zimbabwe’s non-compliance with the 

8 minimum requirements of the Kimberley Process, 

9 particularly relating to smuggling and grave violence 

10 in and around the Marange diamond fields’’. 

11 (4) The army and police forces of the Govern12 ment of Zimbabwe continue to serve primarily as in13 struments of ZANU-PF, and their illegal activities 

14 involving diamonds continue to fuel the efforts of 

15 ZANU-PF to undermine democratic processes and in16 stitutions. 

17 (b) SENSE OF CONGRESS.—In order to promote respect 

18 for the rule of law and to prevent further human rights 

19 violations by state security forces in Zimbabwe, it is the 

20 sense of Congress that, until the Secretary of State can cer21 tify that Zimbabwe is in full compliance with the Kim22 berley Process, the President should— 

23 (1) press for Zimbabwe to be suspended from the 

24 Kimberley Process diamond certification scheme; 


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1 (2) work with Zimbabwe’s neighbors as well as 

2 with regional organizations to help stop the flow of il3 legal diamonds mined in Zimbabwe from crossing 

4 their shared border; and 

5 (3) seek to identify and prepare sanctions pursu6 ant to Executive Order 13391 on individuals and en7 tities funding efforts to undermine democratic proc8 esses and institutions in Zimbabwe through illegal ac9 tivities involving diamonds. 

10 SEC. 10. UPDATING AND TIGHTENING OF UNITED STATES 

11 TARGETED SANCTIONS RELATING TO 

12 ZIMBABWE. 

13 It is the sense of Congress that the Secretary of the 

14 Treasury, in close consultation with the Secretary of State 

15 and other relevant officials of the United States Govern16 ment, should regularly review and update targeted sanc17 tions related to Zimbabwe, giving particular attention to— 

18 (1) the ways in which certain entities directly 

19 support or fund activities in Zimbabwe that under20 mine democratic processes and institutions; 

21 (2) the role and functions of certain entities in 

22 activities critical to economic recovery in Zimbabwe; 

23 and 

24 (3) how sanctions could be strengthened against 

25 those entities that continue to directly support or 


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1 fund activities that are undermining democratic proc2 esses and institutions in Zimbabwe. 

3 SEC. 11. PREPARATIONS TO SUPPORT EFFORTS TO PRE4 VENT FUTURE ELECTION VIOLENCE AND 

5 ABUSES. 

6 It is the sense of Congress that the United States Gov7 ernment should begin engaging with international partners 

8 and regional governments to develop a coordinated strategy 

9 to prepare for future elections in Zimbabwe, particularly 

10 to help reduce the risk of violence and other abuses related 

11 to such elections. 

12 SEC. 12. BRIEFING TO CONGRESS. 

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

14 date of the enactment of this Act, the Secretary of the Treas15 ury, the Secretary of State, and the Administrator of the 

16 United States Agency for International Development shall 

17 provide the appropriate congressional committees a briefing 

18 on efforts made pursuant to this Act. 

19 (b) CONTENT.—The briefing required by subsection (a) 

20 shall include the following: 

21 (1) A description of what technical assistance 

22 has been provided by the United States and by inter23 national financial institutions to ministries of the 

24 transitional government of Zimbabwe and to the Par25 liament of Zimbabwe, an assessment of how that asVerDate Mar 15 2010 01:20 Dec 16, 2010 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S3297.RS S3297

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1 sistance has contributed to demonstrable progress on 

2 economic and political reforms, and recommendations 

3 for any additional changes in United States law or 

4 policy that are needed to strengthen the opportunity 

5 for democratic and economic reforms in Zimbabwe to 

6 succeed. 

7 (2) A description of steps taken pursuant to sec8 tion 9 to investigate and address the connection be9 tween illegal activities involving diamonds and efforts 

10 to undermine democratic processes and institutions in 

11 Zimbabwe. 

12 (3) A description of efforts made pursuant to sec13 tion 10 and any changes resulting from the review 

14 and updating of United States targeted sanctions re15 lating to Zimbabwe. 

16 (4) A description of efforts made pursuant to sec17 tion 11 and progress made toward developing a co18 ordinated strategy to prepare for future elections in 

19 Zimbabwe. 


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Calendar No. 699 

111TH CONGRESS 

2D SESSION S. 3297 

[Report No. 111–369] 

A BILL 

To update United States policy and authorities to 

and to promote economic recovery in Zimbabwe. help advance a genuine transition to democracy 

DECEMBER 15, 2010 

Reported with an amendment 


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