Sudan Peace Act
PL 107-245 (H.R.5531), enacted 10/21/2002

116 STAT. 1504 
PUBLIC LAW 107-245—OCT. 21, 2002 
Oct. 21, 2002 
[H.R. 5531] 
Public Law 107-245 
107th Congress 
An Act 
To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. 
Be it enacted by the Senate and House of Representatives of 
Sudan Peace Act. the United States of America in Congress assembled, 
50 u s e 1701 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Sudan Peace Act". 
50 u s e 1701 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) The Government of Sudan has intensified its prosecu-
tion of the war against areas outside of its control, which 
has already cost more than 2,000,000 lives and has displaced 
more than 4,000,000 people. 
(2) A viable, comprehensive, and internationally sponsored 
peace process, protected from manipulation, presents the best 
chance for a permanent resolution of the war, protection of 
human rights, and a self-sustaining Sudan. 
(3) Continued strengthening and reform of humanitarian 
relief operations in Sudan is an essential element in the effort 
to bring an end to the war. 
(4) Continued leadership by the United States is critical. 
(5) Regardless of the future political status of the areas 
of Sudan outside of the control of the Government of Sudan, 
the absence of credible civil authority and institutions is a 
major impediment to achieving self-sustenance by the Sudanese 
people and to meaningful progress toward a viable peace 
process. It is critical that credible civil authority and institu-
tions play an important role in the reconstruction of post-
war Sudan. 
(6) Through the manipulation of traditional rivalries among 
peoples in areas outside of its full control, the Government 
of Sudan has used divide-and-conquer techniques effectively 
to subjugate its population. However, internationally sponsored 
reconciliation efforts have played a critical role in reducing 
human suffering and the effectiveness of this tactic. 
(7) The Government of Sudan utilizes and organizes mili-
tias, Popular Defense Forces, and other irregular units for 
raiding and enslaving parties in areas outside of the control 
of the Government of Sudan in an effort to disrupt severely 
the ability of the populations in those areas to sustain them-
selves. The tactic helps minimize the Government of Sudan's 
accountability internationally. 
(8) The Government of Sudan has repeatedly stated that 
it intends to use the expected proceeds from future oil sales 
PUBLIC LAW 107-245—OCT. 21, 2002 
116 STAT. 1505 
to increase the tempo and lethality of the war against the 
areas outside of its control. 
(9) By regularly banning air transport relief flights by 
the United Nations relief operation OLS, the Government of 
Sudan has been able to manipulate the receipt of food aid 
by the Sudanese people from the United States and other 
donor countries as a devastating weapon of war in the ongoing 
effort by the Government of Sudan to starve targeted groups 
and subdue areas of Sudan outside of the Government's control. 
(10) The acts of the Government of Sudan, including the 
acts described in this section, constitute genocide as defined 
by the Convention on the Prevention and Punishment of the 
Crime of Genocide (78 U.N.T.S. 277). 
(11) The efforts of the United States and other donors 
in delivering relief and assistance through means outside of 
OLS have played a critical role in addressing the deficiencies 
in OLS and offset the Government of Sudan's manipulation 
of food donations to advantage in the civil war in Sudan. 
(12) While the immediate needs of selected areas in Sudan 
facing starvation have been addressed in the near term, the 
population in areas of Sudan outside of the control of the 
Government of Sudan are still in danger of extreme disruption 
of their ability to sustain themselves. 
(13) The Nuba Mountains and many areas in Bahr al 
Ghazal and the Upper Nile and the Blue Nile regions have 
been excluded completely from relief distribution by OLS, con-
sequently placing their populations at increased risk of famine. 
(14) At a cost which has sometimes exceeded $1,000,000 
per day, and with a primary focus on providing only for the 
immediate food needs of the recipients, the current inter-
national relief operations are neither sustainable nor desirable 
in the long term. 
(15) The ability of populations to defend themselves against 
attack in areas outside of the control of the Government of 
Sudan has been severely compromised by the disengagement 
of the front-line states of Ethiopia, Eritrea, and Uganda, fos-
tering the belief among officials of the Government of Sudan 
that success on the battlefield can be achieved. 
(16) The United States should use all means of pressure 
available to facilitate a comprehensive solution to the war 
in Sudan, including— 
(A) the multilateralization of economic and diplomatic 
tools to compel the Government of Sudan to enter into 
a good faith peace process; 
(B) the support or creation of viable democratic civil 
authority and institutions in areas of Sudan outside of 
government control; 
(C) continued active support of people-to-people rec-
onciliation mechanisms and efforts in areas outside of 
government control; 
(D) the strengthening of the mechanisms to provide 
humanitarian relief to those areas; and 
(E) cooperation among the trading partners of the 
United States and within multilateral institutions toward 
those ends. 
116 STAT. 1506 
PUBLIC LAW 107-245—OCT. 21, 2002 
50 u s e 1701 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
"appropriate congressional committees" means the Committee 
on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate. 
(2) GOVERNMENT OF SUDAN.—The term "Government of 
Sudan" means the National Islamic Front government in Khar-
toum, Sudan. 
(3) OLS.—The term "OLS" means the United Nations relief 
operation carried out by UNICEF, the World Food Program, 
and participating relief organizations known as "Operation Life-
line Sudan". 
50 u s e 1701 
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, 
note. 
AND TACTICS OF THE GOVERNMENT OF SUDAN, 
The Congress hereby— 
(1) condemns— 
(A) violations of human rights on all sides of the conflict 
in Sudan; 
(B) the Government of Sudan's overall human rights 
record, with regard to both the prosecution of the war 
and the denial of basic human and political rights to all 
Sudanese; 
(C) the ongoing slave trade in Sudan and the role 
of the Government of Sudan in abetting and tolerating 
the practice; 
(D) the Government of Sudan's use and organization 
of "murahalliin" or "mujahadeen". Popular Defense Forces, 
and regular Sudanese Army units into organized and 
coordinated raiding and slaving parties in Bahr al Ghazal, 
the Nuba Mountains, and the Upper Nile and the Blue 
Nile regions; and 
(E) aerial bombardment of civilian targets that is spon-
sored by the Government of Sudan; and 
(2) recognizes that, along with selective bans on air trans-
port relief flights by the Government of Sudan, the use of 
raiding and slaving parties is a tool for creating food shortages 
and is used as a systematic means to destroy the societies, 
culture, and economies of the Dinka, Nuer, and Nuba peoples 
in a policy of low-intensity ethnic cleansing. 
50 u s e 1701 
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE. 
(a) ASSISTANCE TO SUDAN.—The President is authorized to pro-
vide increased assistance to the areas of Sudan that are not con-
trolled by the Government of Sudan to prepare the population 
for peace and democratic governance, including support for civil 
administration, communications infrastructure, education, health, 
and agriculture. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the President to carry out the activities described in sub-
section (a) of this section $100,000,000 for each of the fiscal 
years 2003, 2004, and 2005. 
(2) AVAILABILITY.—^Amounts appropriated pursuant to the 
authorization of appropriations under paragraph (1) of this 
subsection are authorized to remain available until expended. 
PUBLIC LAW 107-245—OCT. 21, 2002 
116 STAT. 1507 
SEC. 6. SUPPORT FOR AN 
PROCESS. 
INTERNATIONALLY SANCTIONED PEACE 
(a) FINDINGS.—Congress hereby— 
(1) recognizes that— 
(A) a single, viable internationally and regionally sanc-
tioned peace process holds the greatest opportunity to pro-
mote a negotiated, peaceful settlement to the war in Sudan; 
and 
(B) resolution to the conflict in Sudan is best made 
through a peace process based on the Declaration of Prin-
ciples reached in Nairobi, Kenya, on July 20, 1994, and 
on the Machakos Protocol in July 2002; and 
(2) commends the efforts of Special Presidential Envoy, 
Senator Danforth and his team in working to assist the parties 
to the conflict in Sudan in finding a just, permanent peace 
to the conflict in Sudan. 
(b) MEASURES OF CERTAIN CONDITIONS NOT MET.— 
(1) PRESIDENTIAL DETERMINATION.— 
(A) The President shall make a determination and 
certify in writing to the appropriate congressional commit-
tees within 6 months after the date of enactment of this 
Act, and each 6 months thereafter, that the Government 
of Sudan and the Sudan People's Liberation Movement 
are negotiating in good faith and that negotiations should 
continue. 
(B) If, under subparagraph (A) the President deter-
mines and certifies in writing to the appropriate congres-
sional committees that the Government of Sudan has not 
engaged in good faith negotiations to achieve a permanent, 
just, and equitable peace agreement, or has unreasonably 
interfered with humanitarian efforts, then the President, 
after consultation with the Congress, shall implement the 
measures set forth in paragraph (2). 
(C) If, under paragraph (A) the President determines 
and certifies in writing to the appropriate congressional 
committees that the Sudan People's Liberation Movement 
has not engaged in good faith negotiations to achieve a 
permanent, just, and equitable peace agreement, then para-
graph (2) shall not apply to the Government of Sudan. 
(D) If the President certifies to the appropriate congres-
sional committees that the Government of Sudan is not 
in compliance with the terms of a permanent peace agree-
ment between the Government of Sudan and the Sudan 
People's Liberation Movement, then the President, after 
consultation with the Congress, shall implement the meas-
ures set forth in paragraph (2). 
(E) If, at any time after the President has made a 
certification under subparagraph (B), the President makes 
a determination and certifies in writing to the appropriate 
congressional committees that the Government of Sudan 
has resumed good faith negotiations, or makes a determina-
tion and certifies in writing to the appropriate congres-
sional committees that the Government of Sudan is in 
compliance with a peace agreement, then paragraph (2) 
shall not apply to the Government of Sudan. 
(2) MEASURES IN SUPPORT OF THE PEACE PROCESS.—Subject 
to the provisions of paragraph (1), the President— 
President. 
50 u s e 1701 
note. 
John C. 
Danforth. 
Certification. 
Deadlines. 
116 STAT. 1508 
PUBLIC LAW 107-245—OCT. 21, 2002 
(A) shall, through the Secretary of the Treasury, 
instruct the United States executive directors to each inter-
national financial institution to continue to vote against 
and actively oppose any extension by the respective institu-
tion of any loan, credit, or guarantee to the Government 
of Sudan; 
(B) should consider downgrading or suspending diplo-
matic relations between the United States and the Govern-
ment of Sudan; 
(C) shall take all necessary and appropriate steps, 
including through multilateral efforts, to deny the Govern-
ment of Sudan access to oil revenues to ensure that the 
Government of Sudan neither directly nor indirectly utilizes 
any oil revenues to purchase or acquire military equipment 
or to finance any military activities; and 
(D) shall seek a United Nations Security Council Reso-
lution to impose an arms embargo on the Government 
of Sudan. 
(c) REPORT ON THE STATUS OF NEGOTIATIONS.—If, at any time 
after the President has made a certification under subsection 
(b)(1)(A), the Government of Sudan discontinues negotiations with 
the Sudan People's Liberation Movement for a 14-day period, then 
the President shall submit a quarterly report to the appropriate 
congressional committees on the status of the peace process until 
negotiations resume. 
(d) REPORT ON UNITED STATES OPPOSITION To FINANCING BY 
INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 
the 
Treasury shall submit a semiannual report to the appropriate 
congressional committees describing the steps taken by the United 
States to oppose the extension of a loan, credit, or guarantee if, 
after the Secretary of the Treasury gives the instructions described 
in subsection (b)(2)(A), such financing is extended. 
Deadline. 
(e) REPORT ON EFFORTS TO DENY OiL REVENUES.—Not later 
than 45 days after the President takes an action under subsection 
(b)(2)(C), the President shall submit to the appropriate congres-
sional committees a comprehensive plan for implementing the 
actions described in such subsection. 
(f) DEFINITION.—In this section, the term "international finan-
cial institution" means the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Monetary Fund, the African Development Bank, and 
the African Development Fund. 
50 use 1701 
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS. 
It is the sense of Congress that— 
(1) the United Nations should help facilitate peace and 
recovery in Sudan; 
(2) the President, acting through the United States Perma-
nent Representative to the United Nations, should seek to 
end the veto power of the Government of Sudan over the 
plans by OLS for air transport relief flights and, by doing 
so, to end the manipulation of the delivery of relief supplies 
to the advantage of the Government of Sudan on the battlefield; 
and 
(3) the President should take appropriate measures, 
including the implementation of recommendations of the Inter-
national Eminent Persons Commission contained in the report 
PUBLIC LAW 107-245—OCT. 21, 2002 
116 STAT. 1509 
Deadlines. 
50 u s e 1701 
note. 
issued on May 22, 2002, to end slavery and aerial bombardment 
of civilians by the Government of Sudan. 
SEC. 8. REPORTING REQUIREMENT. 
Not later than 6 months after the date of the enactment of 
this Act, and annually thereafter, the Secretary of State shall 
prepare and submit to the appropriate congressional committees 
a report regarding the conflict in Sudan. Such report shall include— 
(1) a description of the sources and current status of 
Sudan's financing and construction of infrastructure and pipe-
lines for oil exploitation, the effects of such financing and 
construction on the inhabitants of the regions in which the 
oil fields are located, and the ability of the Government of 
Sudan to finance the war in Sudan with the proceeds of. the 
oil exploitation; 
(2) a description of the extent to which that 
financing 
was secured in the United States or with involvement of United 
States citizens; 
(3) the best estimates of the extent of aerial bombardment 
by the Government of Sudan, including targets, frequency, and 
best estimates of damage; and 
(4) a description of the extent to which humanitarian relief 
has been obstructed or manipulated by the Government of 
Sudan or other forces. 
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF 
EFFORTS. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that 
the President should continue to increase the use of non-OLS agen-
cies in the distribution of relief supplies in southern Sudan. 
(b) REPORT.—Not later than 90 days after the date of enactment 
of this Act, the President shall submit to the appropriate congres-
sional committees a detailed report describing the progress made 
toward carrying out subsection (a). 
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT 
RELIEF FLIGHTS. 
(a) PLAN.—The President shall develop a contingency plan to 
provide, outside the auspices of the United Nations if necessary, 
the greatest possible amount of United States Government and 
privately donated relief to all affected areas in Sudan, including 
the Nuba Mountains and the Upper Nile and the Blue Nile regions, 
in the event that the Government of Sudan imposes a total, partial, 
or incremental ban on OLS air transport relief flights. 
(b) REPROGRAMMING AUTHORITY.—Notwithstanding any other 
provision of law, in carrying out the plan developed under subsection 
(a), the President may reprogram up to 100 percent of the funds 
available for support of OLS operations for the purposes of the 
plan. 
SEC. 11. INVESTIGATION OF WAR CRIMES. 
(a) IN GENERAL.—The Secretary of State shall collect informa-
tion about incidents which may constitute crimes against humanity, 
genocide, war crimes, and other violations of international humani-
tarian law by all parties to the conflict in Sudan, including slavery, 
rape, and aerial bombardment of civilian targets. 
(b) REPORT.—Not later than 6 months after the date of the Deadline. 
enactment of this Act and annually thereafter, the Secretary of 
50 u s e 1701 
note. 
Deadline. 
President. 
President. 
50 u s e 1701 
note. 
50 u s e 1701 
note. 
116 STAT. 1510 
PUBLIC LAW 107-245—OCT. 21, 2002 
State shall prepare and submit to the appropriate congressional 
committees a detailed report on the information that the Secretary 
of State has collected under subsection (a) and any findings or 
determinations made by the Secretary on the basis of that informa-
tion. The report under this subsection may be submitted as part 
of the report required under section 8. 
(c) CONSULTATIONS WITH OTHER DEPARTMENTS.—In preparing 
the report required by this section, the Secretary of State shall 
consult and coordinate with all other Government officials who 
have information necessary to complete the report. Nothing con-
tained in this section shall require the disclosure, on a classified 
or unclassified basis, of information that would jeopardize sensitive 
sources and methods or other vital national security interests. 
Approved October 21, 2002. 
LEGISLATIVE HISTORY—H.R. 5531: 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Oct. 7, considered and passed House. 
Oct. 9, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTL\L DOCUMENTS, Vol. 38 (2002): 
Oct. 21, Presidential statement.