Zimbabwe Democracy and Economic Recovery Act of 2001
PL 107-99 (S.494), enacted 12/21/2001

115 STAT. 962 
PUBLIC LAW 107-99—DEC. 21, 2001 
Public Law 107-99 
107th Congress 
An Act 
Dec. 21, 2001 
[S. 494] 
To provide for a transition to democracy and to promote economic recovery in 
Zimbabwe. 
Be it enacted by the Senate and House of Representatives 
of 
Zimbabwe 
the United States of America in Congress assembled, 
Democracy and 
Economic 
SECTION 1. SHORT TITLE. 
Recovery Act of 
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2001. 
This Act may be cited as the Zimbabwe Democracy £ind Eco-
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nomic Recovery Act of 2001". 
note. 
SEC. 2. STATEMENT OF POLICY. 
It is the policy of the United States to support the people 
of Zimbabwe in their struggle to effect peaceful, democratic change, 
achieve broad-based and equitable economic growth, and restore 
the rule of law. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term 
"international financial institutions" means the multilateral 
development banks and the International Monetary Fund. 
(2) MULTILATERAL DEVELOPMENT BANKS.—The term "multi-
' lateral development banks" means the International Bank for 
Reconstruction and Development, the International Develop-
ment Association, the International Finance Corporation, the 
Inter-American Development Bank, the Asian Development 
Bank, the Inter-Americein Investment Corporation, the African 
Development Bank, the Afidcan Development Fund, the Euro-
pean Bank for Reconstruction and Development, and the Multi-
lateral Investment Guaranty Agency. 
SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 
RECOVERY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Through economic mismanagement, undemocratic prac-
tices, and the costly deployment of troops to the Democratic 
Republic of the Congo, the Government of Zimbabwe has ren-
dered itself ineligible to participate in International Bank for 
Reconstruction £ind Development and International Monetary 
Fund programs, which would otherwise be providing substantial 
resources to assist in the recovery and modernization of 
Zimbabwe's economy. The people of Zimbabwe have thus been 
denied the economic and democratic benefits envisioned by 
the donors to such programs, including the United States. 
PUBLIC LAW 107-99—DEC. 21, 2001 
115 STAT. 963 
(2) In September 1999 the IMF suspended its support 
under a "Stand By Arrangement", approved the previous month, 
for economic adjustment and reform in Zimbabwe. 
(3) In October 1999, the International 
Development 
Association (in this section referred to as the "IDA") suspended 
all structural adjustment loeuis, credits, and guarantees to the 
Government of Zimbabwe. 
(4) In May 2000, the IDA suspended all other new lending 
to the Grovemment of Zimbabwe. 
(5) In September 2000, the IDA suspended disbursement 
of funds for ongoing projects under previously-approved IOEUIS, 
credits, and guarantees to the Government of Zimbabwe. 
(b) 
SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 
RECOVERY.— 
(1) BILATERAL DEBT RELIEF.—Upon receipt by the appro-
priate congressional committees of a certification described in 
subsection (d), the Secretary of the Treasury shall undertake 
a review of the feasibility of restructuring, rescheduling, or 
eliminating the sovereign debt of Zimbabwe held by £uiy agency 
of the United States Government. 
(2) 
MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL 
ASSISTANCE.—It is the sense of Congress that, upon receipt 
by the appropriate congressional committees of a certification 
described in subsection (d), the Secretary of the Treasury 
should— 
(A) direct the United States executive director of each 
multilateral development bank to propose that the bank 
should undertEike a review of the feasibility of restruc-
turing, rescheduling, or eliminating the sovereign debt of 
Zimbabwe held by that bsuik; and 
(B) direct the United States executive director of each 
international financial institution to which the United 
States is a member to propose to undertake financial and 
technical support for Zimbabwe, especially support that 
is intended to promote Zimbabwe's economic recovery £uid 
development, the stabilization of the Zimbabwean dollar, 
and the viability of Zimbabwe's democratic institutions. 
(c) MULTILATERAL FINANCING RESTRICTION.—Until the Presi-
dent makes the certification described in subsection (d), and except 
as may be required to meet basic humeui needs or for good govern-
ance, the Secretary of the Treasury shall instruct the United States 
executive director to each international fineuicial institution to 
oppose and vote against— 
(1) any extension by the respective institution of any loEUi, 
credit, or guarantee to the Government of Zimbabwe; or 
(2) any cancellation or reduction of indebtedness owed by 
the Government of Zimbabwe to the United States or Euiy 
international financial institution. 
(d) PRESIDENTLVL CERTIFICATION THAT CERTAIN CONDITIONS 
ARE SATISFIED.—^A certification under this subsection is a certifi-
cation transmitted to the appropriate congressional committees of 
a determination made by the President that the following conditions 
are satisfied: 
(1) RESTORATION OF THE RULE OF LAW.—The rule of law 
has been restored in Zimbabwe, including respect for ownership 
and title to property, freedom of speech and association, and 
an end to the lawlessness, violence, and intimidation sponsored. 
115 STAT. 964 
PUBLIC LAW 107-99—DEC. 21, 2001 
condoned, or tolerated by the Government of Zimbabwe, the 
ruling party, and their supporters or entities. 
(2) ELECTION OR PRE-ELECTION CONDITIONS.—Either of the 
following two conditions is satisfied: 
(A) PRESIDENTIAL ELECTION.—Zimbabwe has held a 
presidentigJ election that is widely accepted as free and 
fair by independent international monitors, and the presi-
dent-elect is free to assume the duties of the office. 
(B) PRE-ELECTION CONDITIONS.—In the event the cer-
tification is made before the presidential election takes 
place, the Government of Zimbabwe has 
sufficiently 
improved the pre-election environment to a degree con-
sistent with accepted international standards for security 
and freedom of movement and association. 
(3) COMMITMENT TO EQUITABLE, LEGAL, AND TRANSPARENT 
LAND REFORM.—The Government of Zimbabwe has dem-
onstrated a commitment to an equitable, legal, and transparent 
land reform program consistent with agreements reached at 
the International Donors' Conference on Land Reform and 
Resettlement in Zimbabwe held in Harare, Zimbabwe, in Sep-
tember 1998. 
(4) FULFILLMENT OF AGREEMENT ENDING WAR IN DEMO-
CRATIC REPUBLIC OF CONGO.—The Government of Zimbabwe 
is making a good faith effort to fulfill the terms of the Lusaka, 
Zambia, agreement on ending the war in the Democratic 
Republic of Congo. 
(5) 
MILITARY AND NATIONAL POLICE SUBORDINATE TO 
CIVILIAN GOVERNMENT.—The Zimbabwean Armed Forces, the 
National Police of Zimbabwe, and other state security forces 
are responsible to and serve the elected civilieui government. 
(e) WAIVER.—^The President may waive the provisions of sub-
section (b)(1) or subsection (c), if the President determines that 
it is in the national interest of the United States to do so. 
SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS 
AND INDEPENDENT MEDIA, AND THE RULE OF LAW. 
(a) IN GENERAL.—The President is authorized to provide assist-
ance imder part I and chapter 4 of part II of the Foreign Assisteince 
Act of 1961 to— 
(1) support an independent and free press and electronic 
media in Zimbabwe; 
(2) support equitable, legal, £ind transparent mechanisms 
of land reform in Zimbabwe, including the payment of costs 
related to the acquisition of land and the resettlement of 
individuals, consistent with the International Donors' Con-
ference on Land Reform and Resettlement in Zimbabwe held 
in Harare, Zimbabwe, in September 1998, or any subsequent 
agreement relating thereto; and 
(3) provide for democracy and governance programs in 
Zimbabwe. 
(b) FUNDING.—Of the funds authorized to be appropriated to 
carry out part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961 for fiscal year 2002— 
(1) $20,000,000 is authorized to be available to provide 
the assistance described in subsection (a)(2); and 
(2) $6,000,000 is authorized to be available to provide the 
assistance described in subsection (a)(3). 
PUBLIC LAW 107-99—DEC. 21, 2001 
115 STAT. 965 
(c) SUPERSEDES OTHER LAWS.—The authority in this section 
supersedes any other provision of law. 
SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST 
INDIVIDUALS 
RESPONSIBLE 
FOR 
VIOLENCE 
AND 
THE 
BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE. 
It is the sense of Congress that the President should begin 
immediate consultation with the governments of European Union 
member states, Canada, and other appropriate foreign countries 
on ways in which to— 
(1) identify and share information regarding individuals 
responsible for the deliberate breakdown of the rule of law, 
politically motivated violence, and intimidation in Zimbabwe; 
(2) identify 
assets of those individuals held outside 
Zimbabwe; 
(3) implement travel and economic sanctions against those 
individuals and their associates and families; and 
(4) provide for the eventual removal or amendment of those 
sanctions. 
Approved December 21, 2001. 
LEGISLATIVE HISTORY—S. 494: 
HOUSE REPORTS: No. 107-312, Pt. 1 (Comm. on International Relations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Aug. 1, considered and passed Senate. 
Dec. 4, considered and passed House, amended. 
Dec. 11, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 
Dec. 21, Presidential statement.