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(2) REPORT TO CONGRESS.—The Direc-
tor shall prepare and transmit to the
Speaker of the House of Representatives
and the Chairman of the Committee on
Foreign Relations of the Senate on or be-
fore February 1, 1999, and every 12
months thereafter, a report containing a
determination by the Secretary of State of
whether the policy of religious persecution
by the Government of Sudan has ended.
(3) RECOMMENDATION
FOR
IMPOSITION
OF ADDITIONAL MEASURES.—If the Secretary
of State determines that the policy of reli-
gious persecution by the Government of
Sudan has not ended, the President shall
prepare and transmit to the Speaker of
the House of Representatives and the
Chairman of the Committee on Foreign
Relations of the Senate on or before
March 1, 1999, and every 12 months there-
after, a report setting forth such rec-
ommendations for such additional meas-
ures and actions against the Government
of Sudan as will end that government’s
policy of religious persecution.
181
(e) DEFINITIONS.—As used in this section:
(1) GOVERNMENT OF SUDAN.—The term
‘‘Government of Sudan’’ includes any
agency or instrumentality of the Govern-
ment of Sudan.
(2) NEW
INVESTMENT
IN
SUDAN.—The
term ‘‘new investment in Sudan’’—
(A) means—
(i) a commitment or contribu-
tion of funds or other assets, or
(ii) a loan or other extension
of credit,
that is made on or after the effective
date of this subsection; and
(B) does not include—
(i) the reinvestment of profits
generated by a controlled Suda-
nese entity into that same con-
trolled Sudanese entity, or the in-
vestment of such profits in a Su-
danese entity;
(ii) contributions of money or
other assets where such contribu-
tions are necessary to enable a
controlled Sudanese entity to oper-
182
ate in an economically sound
manner, without expanding its op-
erations; or
(iii) the ownership or control
of a share or interest in a Suda-
nese entity or a controlled Suda-
nese entity or a debt or equity se-
curity issued by the Government of
Sudan or a Sudanese entity before
the date of the enactment of this
Act, or the transfer or acquisition
of such a share or interest, or debt
or equity security, if any such
transfer or acquisition does not
result in a payment, contribution
of funds or assets, or credit to a
Sudanese entity, a controlled Su-
danese entity, or the Government
of Sudan.
(3) CONTROLLED
SUDANESE
ENTITY.—
The term ‘‘controlled Sudanese entity’’
means—
(A) a corporation, partnership, or
other business association or entity or-
ganized in Sudan and owned or con-
183
trolled, directly or indirectly, by a
United States person; or
(B) a branch, office, agency, or
sole proprietorship in Sudan of a
United States person.
(4) SUDANESE ENTITY.—The term ‘‘Su-
danese entity’’ means—
(A) a corporation, partnership, or
other business association or entity or-
ganized in Sudan; or
(B) a branch, office, agency, or
sole proprietorship in Sudan of a per-
son that resides or is organized out-
side Sudan.
(5) SUDAN.—The term ‘‘Sudan’’ means
any area controlled by the Government of
Sudan or by any entity allied with the
Government of Sudan, and does not in-
clude any area in which effective control
is exercised by an entity engaged in active
resistance to the Government of Sudan.
(f) WAIVER AUTHORITY.—The President may
waive the imposition of any sanction against
Sudan under paragraph (3) or (9) of sub-
section (b) of this section for periods of not
184
more than 12 months each, if the President, for
each waiver—
(1) determines that the national secu-
rity interests of the United States justify
such a waiver; and
(2) provides to the Committees on For-
eign Relations, Finance, the Judiciary,
and Appropriations of the Senate and to
the Committees on International Rela-
tions, Ways and Means, the Judiciary, and
Appropriations of the House of Represent-
atives a written notification of the Presi-
dent’s intention to waive any such sanc-
tion.
The notification shall contain an explanation
of the reasons why the President considers the
waiver to be necessary, the type and amount of
goods, services, or assistance to be provided
pursuant to the waiver, and the period of time
during which such a waiver will be effective.
When the President considers it appropriate,
the explanation under the preceding sentence,
or any part of the explanation, may be submit-
ted in classified form.
185
(g) DULY AUTHORIZED INTELLIGENCE ACTIVI-
TIES.—The prohibitions and restrictions con-
tained in paragraphs (1), (2), (3), (4), and (8)
of subsection (b) shall not apply to the conduct
of duly authorized intelligence activities of the
United States Government.
SEC. 13. EXCEPTION FOR IMPORTATION OF CERTAIN AGRI-
CULTURAL PRODUCTS.
Notwithstanding any other provision of
law, none of the provisions of this Act shall re-
strict the importation of gum Arabic from
Sudan during a calendar year if, during the
preceding calendar year, a supply of that com-
modity in unprocessed form of equal quality to
that cultivated in Sudan and not attributable
to Sudan is not available in sufficient supply
to meet the needs of United States consumers,
processors, and manufacturers.
SEC. 14. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsections (b)
and (c), this Act and the amendments made by
this Act shall take effect 120 days after the
date of the enactment of this Act.
186
(b) APPOINTMENT OF DIRECTOR.—The Direc-
tor shall be appointed not later than 60 days
after the date of the enactment of this Act.
(c) REGULATIONS.—Each Federal depart-
ment or agency responsible for carrying out
any of the sanctions under section 7 shall issue
all necessary regulations to carry out such
sanctions within 120 days after the date of the
enactment of this Act.