Comprehensive Peace in Sudan Act of 2004
PL 108-497 (S.2781), enacted 12/23/2004

118 STAT. 4012
PUBLIC LAW 108–497—DEC. 23, 2004
Public Law 108–497
108th Congress
An Act
To express the sense of Congress regarding the conflict in Darfur, Sudan, to provide
assistance for the crisis in Darfur and for comprehensive peace in Sudan, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehensive Peace in Sudan
Act of 2004’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) GOVERNMENT
OF
SUDAN.—The term ‘‘Government of
Sudan’’ means the National Congress Party, formerly known
as the National Islamic Front, government in Khartoum,
Sudan, or any successor government formed on or after the
date of the enactment of this Act (other than the coalition
government agreed upon in the Nairobi Declaration on the
Final Phase of Peace in the Sudan signed on June 5, 2004).
(3) JEM.—The term ‘‘JEM’’ means the Justice and Equality
Movement.
(4) SLA.—The term ‘‘SLA’’ means the Sudan Liberation
Army.
(5) SPLM.—The term ‘‘SPLM’’ means the Sudan People’s
Liberation Movement.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) A comprehensive peace agreement for Sudan, as envi-
sioned in the Sudan Peace Act (50 U.S.C. 1701 note) and
the Machakos Protocol of 2002, could be in jeopardy if the
parties do not implement and honor the agreements they have
signed.
(2) Since seizing power through a military coup in 1989,
the Government of Sudan repeatedly has attacked and dis-
located civilian populations in southern Sudan in a coordinated
policy of ethnic cleansing and genocide that has cost the lives
of more than 2,000,000 people and displaced more than
4,000,000 people.
50 USC 1701
note.
50 USC 1701
note.
50 USC 1701
note.
Comprehensive
Peace in Sudan
Act of 2004.
Dec. 23, 2004
[S. 2781]
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118 STAT. 4013
PUBLIC LAW 108–497—DEC. 23, 2004
(3) In response to two decades of civil conflict in Sudan,
the United States has helped to establish an internationally
supported peace process to promote a negotiated settlement
to the war that has resulted in a framework peace agreement,
the Nairobi Declaration on the Final Phase of Peace in the
Sudan, signed on June 5, 2004.
(4) At the same time that the Government of Sudan was
negotiating for a comprehensive and all inclusive peace agree-
ment, enumerated in the Nairobi Declaration on the Final
Phase of Peace in the Sudan, it refused to engage in any
meaningful discussion with regard to its ongoing campaign
of ethnic cleansing and genocide in the Darfur region of western
Sudan.
(5) The Government of Sudan reluctantly agreed to attend
talks to bring peace to the Darfur region only after considerable
international pressure and outrage was expressed through high
level visits by Secretary of State Colin Powell and others,
and through United Nations Security Council Resolution 1556
(July 30, 2004).
(6) The Government of the United States, in both the
executive branch and Congress, has concluded that genocide
has been committed and may still be occurring in the Darfur
region, and that the Government of Sudan and militias sup-
ported by the Government of Sudan, known as the Janjaweed,
bear responsibility for the genocide.
(7) Evidence collected by international observers in the
Darfur region between February 2003 and November 2004
indicate a coordinated effort to target African Sudanese civilians
in a scorched earth policy, similar to that which was employed
in southern Sudan, that has destroyed African Sudanese vil-
lages, killing and driving away their people, while Arab Suda-
nese villages have been left unscathed.
(8) As a result of this genocidal policy in the Darfur region,
an estimated 70,000 people have died, more than 1,600,000
people have been internally displaced, and more than 200,000
people have been forced to flee to neighboring Chad.
(9) Reports further indicate the systematic rape of thou-
sands of women and girls, the abduction of women and children,
and the destruction of hundreds of ethnically African villages,
including the poisoning of their wells and the plunder of their
crops and cattle upon which the people of such villages sustain
themselves.
(10) Despite the threat of international action expressed
through United Nations Security Council Resolutions 1556
(July 30, 2004) and 1564 (September 18, 2004), the Government
of Sudan continues to obstruct and prevent efforts to reverse
the catastrophic consequences that loom over the Darfur region.
(11) In addition to the thousands of violent deaths directly
caused by ongoing Sudanese military and government-spon-
sored Janjaweed attacks in the Darfur region, the Government
of Sudan has restricted access by humanitarian and human
rights workers to the Darfur area through intimidation by
military and security forces, and through bureaucratic and
administrative obstruction, in an attempt to inflict the most
devastating harm on those individuals displaced from their
villages and homes without any means of sustenance or shelter.
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118 STAT. 4014
PUBLIC LAW 108–497—DEC. 23, 2004
(12) The Government of Sudan’s continued support for the
Janjaweed and their obstruction of the delivery of food, shelter,
and medical care to the Darfur region is estimated by the
World Health Organization to be causing up to 10,000 deaths
per month and, should current conditions persist, is projected
to escalate to thousands of deaths each day by December 2004.
(13) The Government of Chad served an important role
in facilitating the humanitarian cease-fire (the N’Djamena
Agreement dated April 8, 2004) for the Darfur region between
the Government of Sudan and the two opposition rebel groups
in the Darfur region (the JEM and the SLA), although both
sides have violated the cease-fire agreement repeatedly.
(14) The people of Chad have responded courageously to
the plight of over 200,000 Darfur refugees by providing assist-
ance to them even though such assistance has adversely
affected their own means of livelihood.
(15) On September 9, 2004, Secretary of State Colin Powell
stated before the Committee on Foreign Relations of the Senate:
‘‘When we reviewed the evidence compiled by our team, along
with other information available to the State Department, we
concluded that genocide has been committed in Darfur and
that the Government of Sudan and the [Janjaweed] bear respon-
sibility—and genocide may still be occurring.’’.
(16) The African Union has demonstrated renewed vigor
in regional affairs through its willingness to respond to the
crisis in the Darfur region, by convening talks between the
parties and deploying several hundred monitors and security
forces to the region, as well as by recognizing the need for
a far larger force with a broader mandate.
(17) The Government of Sudan’s complicity in the atrocities
and genocide in the Darfur region raises fundamental questions
about the Government of Sudan’s commitment to peace and
stability in Sudan.
SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR,
SUDAN.
(a) SUDAN PEACE ACT.—It is the sense of Congress that the
Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and should
be extended to include the Darfur region of Sudan.
(b) ACTIONS TO ADDRESS THE CONFLICT.—It is the sense of
Congress that—
(1) a legitimate countrywide peace in Sudan will only be
possible if those principles enumerated in the 1948 Universal
Declaration of Human Rights, that are affirmed in the
Machakos Protocol of 2002 and the Nairobi Declaration on
the Final Phase of Peace in the Sudan signed on June 5,
2004, are applied to all of Sudan, including the Darfur region;
(2) the parties to the N’Djamena Agreement (the Govern-
ment of Sudan, the JEM, and the SLA) must meet their obliga-
tions under that Agreement to allow safe and immediate
delivery of all humanitarian assistance throughout the Darfur
region and must expedite the conclusion of a political agreement
to end the genocide and conflict in the Darfur region;
(3) the United States should continue to provide humani-
tarian assistance to the areas of Sudan to which the United
States has access and, at the same time, implement a plan
50 USC 1701
note.
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118 STAT. 4015
PUBLIC LAW 108–497—DEC. 23, 2004
to provide assistance to the areas of Sudan to which access
has been obstructed or denied;
(4) the international community, including African, Arab,
and Muslim nations, should immediately provide resources nec-
essary to save the lives of hundreds of thousands of individuals
at risk as a result of the crisis in the Darfur region;
(5) the United States and the international community
should—
(A) provide all necessary assistance to deploy and sus-
tain an African Union Force to the Darfur region; and
(B) work to increase the authorized level and expand
the mandate of such forces commensurate with the gravity
and scope of the problem in a region the size of France;
(6) the President, acting through the Secretary of State
and the Permanent Representative of the United States to
the United Nations, should—
(A) condemn any failure on the part of the Government
of Sudan to fulfill its obligations under United Nations
Security Council Resolutions 1556 (July 30, 2004) and 1564
(September 18, 2004), and press the United Nations Secu-
rity Council to respond to such failure by immediately
imposing the penalties suggested in paragraph (14) of
United Nations Security Council Resolution 1564;
(B) press the United Nations Security Council to
pursue accountability for those individuals who are found
responsible for orchestrating and carrying out the atrocities
in the Darfur region, consistent with relevant United
Nations Security Council Resolutions; and
(C) encourage member states of the United Nations
to—
(i) cease to import Sudanese oil; and
(ii) take the following actions against Sudanese
Government and military officials and other individ-
uals, who are planning, carrying out, or otherwise
involved in the policy of genocide in the Darfur region,
as well as their families, and businesses controlled
by the Government of Sudan and the National Con-
gress Party:
(I) freeze the assets held by such individuals
or businesses in each such member state; and
(II) restrict the entry or transit of such officials
through each such member state;
(7) the President should impose targeted sanctions,
including a ban on travel and the freezing of assets, on those
officials of the Government of Sudan, including military offi-
cials, and other individuals who have planned or carried out,
or otherwise been involved in the policy of genocide in the
Darfur region, and should also freeze the assets of businesses
controlled by the Government of Sudan or the National Con-
gress Party;
(8) the Government of the United States should not nor-
malize relations with Sudan, including through the lifting of
any sanctions, until the Government of Sudan agrees to, and
takes demonstrable steps to implement, peace agreements for
all areas of Sudan, including the Darfur region;
(9) those individuals found to be involved in the planning
or carrying out of genocide, war crimes, or crimes against
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118 STAT. 4016
PUBLIC LAW 108–497—DEC. 23, 2004
humanity should not hold leadership positions in the Govern-
ment of Sudan or the coalition government established pursuant
to the agreements reached in the Nairobi Declaration on the
Final Phase of Peace in the Sudan; and
(10) the Government of Sudan has a primary responsibility
to guarantee the safety and welfare of its citizens, which
includes allowing them access to humanitarian assistance and
providing them protection from violence.
SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.
(a) ASSISTANCE
FOR
THE CRISIS
IN DARFUR
AND
FOR COM-
PREHENSIVE PEACE IN SUDAN.—
(1) IN GENERAL.—The Sudan Peace Act (50 U.S.C. 1701
note) is amended by adding at the end the following new
section:
‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COM-
PREHENSIVE PEACE IN SUDAN.
‘‘(a) ASSISTANCE.—
‘‘(1) AUTHORITY.—Notwithstanding any other provision of
law, the President is authorized to provide assistance for Sudan
as authorized in paragraph (5) of this section—
‘‘(A) subject to the requirements of this section, to
support the implementation of a comprehensive peace
agreement that applies to all regions of Sudan, including
the Darfur region; and
‘‘(B) to address the humanitarian and human rights
crisis in the Darfur region and eastern Chad, including
to support the African Union mission in the Darfur region,
provided that no assistance may be made available to the
Government of Sudan.
‘‘(2) CERTIFICATION
FOR
THE
GOVERNMENT
OF
SUDAN.—
Assistance authorized under paragraph (1)(A) may be provided
to the Government of Sudan only if the President certifies
to the appropriate congressional committees that the Govern-
ment of Sudan has taken demonstrable steps to—
‘‘(A) ensure that the armed forces of Sudan and any
associated militias are not committing atrocities or
obstructing human rights monitors or the provision of
humanitarian assistance;
‘‘(B) demobilize and disarm militias supported or cre-
ated by the Government of Sudan;
‘‘(C) allow full and unfettered humanitarian assistance
to all regions of Sudan, including the Darfur region;
‘‘(D) allow an international commission of inquiry to
conduct an investigation of atrocities in the Darfur region,
in a manner consistent with United Nations Security
Council Resolution 1564 (September 18, 2004), to inves-
tigate reports of violations of international humanitarian
law and human rights law in the Darfur region by all
parties, to determine also whether or not acts of genocide
have occurred and to identify the perpetrators of such
violations with a view to ensuring that those responsible
are held accountable;
‘‘(E) cooperate fully with the African Union, the United
Nations, and all other observer, monitoring, and protection
missions mandated to operate in Sudan;
President.
50 USC 1701
note.
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118 STAT. 4017
PUBLIC LAW 108–497—DEC. 23, 2004
‘‘(F) permit the safe and voluntary return of displaced
persons and refugees to their homes and rebuild the
communities destroyed in the violence; and
‘‘(G) implement the final agreements reached in the
Naivasha peace process and install a new coalition govern-
ment based on the Nairobi Declaration on the Final Phase
of Peace in the Sudan signed on June 5, 2004.
‘‘(3) CERTIFICATION WITH REGARD TO SPLM’S COMPLIANCE
WITH A PEACE AGREEMENT.—If the President determines and
certifies in writing to the appropriate congressional committees
that the SPLM has not engaged in good faith negotiations,
or has failed to honor the agreements signed, the President
shall suspend assistance authorized in this section for the
SPLM, except for health care, education, and humanitarian
assistance.
‘‘(4) SUSPENSION OF ASSISTANCE.—If, on a date after the
President transmits the certification described in paragraph
(2), the President determines that the Government of Sudan
has ceased taking the actions described in such paragraph,
the President shall immediately suspend the provision of any
assistance to such Government under this section until the
date on which the President transmits to the appropriate
congressional committees a further certification that the
Government of Sudan has resumed taking such actions.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—In addition to any other funds other-
wise available for such purposes, there are authorized to
be appropriated to the President—
‘‘(i) $100,000,000 for fiscal year 2005, and such
sums as may be necessary for each of the fiscal years
2006 and 2007, unless otherwise authorized, to carry
out paragraph (1)(A); and
‘‘(ii) $200,000,000 for fiscal year 2005 to carry out
paragraph (1)(B), provided that no amounts appro-
priated under this authorization may be made avail-
able for the Government of Sudan.
‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
‘‘(b) GOVERNMENT
OF SUDAN DEFINED.—In this section, the
term ‘Government of Sudan’ means the National Congress Party,
formerly known as the National Islamic Front, government in Khar-
toum, Sudan, or any successor government formed on or after
the date of the enactment of the Comprehensive Peace in Sudan
Act (other than the coalition government agreed upon in the Nairobi
Declaration on the Final Phase of Peace in the Sudan signed on
June 5, 2004).’’.
(2) CONFORMING AMENDMENTS.—Section 3 of such Act (50
U.S.C. 1701 note) is amended—
(A) in paragraph (2), by striking ‘‘The’’ and inserting
‘‘Except as provided in section 12, the’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) SPLM.—The term ‘SPLM’ means the Sudan People’s
Liberation Movement.’’.
(b) REPORTING AMENDMENT.—The Sudan Peace Act (50 U.S.C.
1701 note) is amended by striking section 8 and inserting the
following:
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118 STAT. 4018
PUBLIC LAW 108–497—DEC. 23, 2004
‘‘SEC. 8. REPORTING REQUIREMENTS.
‘‘(a) REPORT ON COMMERCIAL ACTIVITY.—Not later than 30 days
after the date of the enactment of the Comprehensive Peace in
Sudan Act of 2004, and annually thereafter until the completion
of the interim period outlined in the Machakos Protocol of 2002,
the Secretary of State, in consultation with relevant United States
Government departments and agencies, shall submit to the appro-
priate congressional committees a report regarding commercial
activity in Sudan that includes—
‘‘(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 the involvement
of United States citizens; and
‘‘(3) a description of the relationships between Sudan’s
arms industry and major foreign business enterprises and their
subsidiaries, including government-controlled entities.
‘‘(b) REPORT
ON
THE CONFLICT
IN SUDAN, INCLUDING
THE
DARFUR REGION.—Not later than 30 days after the date of the
enactment of the Comprehensive Peace in Sudan Act of 2004, and
annually thereafter until the completion of the interim period out-
lined in the Machakos Protocol of 2002, the Secretary of State
shall prepare and submit to the appropriate congressional commit-
tees a report regarding the conflict in Sudan, including the conflict
in the Darfur region. Such report shall include—
‘‘(1) the best estimates of the extent of aerial bombardment
of civilian centers in Sudan by the Government of Sudan,
including targets, frequency, and best estimates of damage;
and
‘‘(2) a description of the extent to which humanitarian
relief in Sudan has been obstructed or manipulated by the
Government of Sudan or other forces, and a contingency plan
to distribute assistance should the Government of Sudan con-
tinue to obstruct or delay the international humanitarian
response to the crisis in Darfur.
‘‘(c) DISCLOSURE TO THE PUBLIC.—The Secretary of State shall
publish or otherwise make available to the public each unclassified
report, or portion of a report that is unclassified, submitted under
subsection (a) or (b).’’.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) SANCTIONS.—Beginning on the date that is 30 days after
the date of enactment of this Act, the President shall, notwith-
standing paragraph (1) of section 6(b) of the Sudan Peace Act
(50 U.S.C. 1701 note), implement the measures set forth in subpara-
graphs (A) through (D) of paragraph (2) of such section.
(b) BLOCKING OF ASSETS.—Beginning on the date that is 30
days after the date of enactment of this Act, the President shall,
consistent with the authorities granted in the International Emer-
gency Economic Powers Act (50 U.S.C. 1701 et seq.), block the
assets of appropriate senior officials of the Government of Sudan.
Effective date.
Effective date.
President.
50 USC 1701
note.
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118 STAT. 4019
PUBLIC LAW 108–497—DEC. 23, 2004
LEGISLATIVE HISTORY—S. 2781 (H.R. 5061):
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 23, considered and passed Senate.
Nov. 19, considered and passed House, amended.
Dec. 7, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 23, Presidential statement.
(c) WAIVER.—The President may waive the application of sub-
section (a) or (b) if the President determines and certifies to the
appropriate congressional committees that such a waiver is in the
national interest of the United States.
(d) CONTINUATION OF RESTRICTIONS.—Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export
Financing, and Related Programs Act, 2004 (division D of Public
Law 108–199; 118 Stat. 143), or any other similar provision of
law, shall remain in effect against the Government of Sudan and
may not be lifted pursuant to such provisions of law unless the
President transmits a certification to the appropriate congressional
committees in accordance with paragraph (2) of section 12(a) of
the Sudan Peace Act (as added by section 5(a)(1) of this Act).
(e) DETERMINATION.—Notwithstanding subsection (a) of this
section, the President shall continue to transmit the determination
required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C.
1701 note).
SEC. 7. ADDITIONAL AUTHORITIES.
Notwithstanding any other provision of law, the President is
authorized to provide assistance, other than military assistance,
to areas that were outside of the control of the Government of
Sudan on April 8, 2004, including to provide assistance for emer-
gency relief, development and governance, or to implement any
program in support of any viable peace agreement at the local,
regional, or national level in Sudan.
SEC. 8. TECHNICAL CORRECTION.
Section 12 of the International Organizations Immunities Act
(22 U.S.C. 288f–2) is amended by striking ‘‘Organization of African
Unity’’ and inserting ‘‘African Union’’.
Approved December 23, 2004.
50 USC 1701
note.
President.
50 USC 1701
note.
Certification.
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