Darfur Peace and Accountability Act of 2006
PL 109-344 (H.R.3127), enacted 10/13/2006

120 STAT. 1869
PUBLIC LAW 109–344—OCT. 13, 2006
Public Law 109–344
109th Congress
An Act
To impose sanctions against individuals responsible for genocide, war crimes, and
crimes against humanity, to support measures for the protection of civilians
and humanitarian operations, and to support peace efforts in the Darfur region
of 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Darfur Peace
and Accountability Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Sanctions in support of peace in Darfur.
Sec. 6. Additional authorities to deter and suppress genocide in Darfur.
Sec. 7. Continuation of restrictions.
Sec. 8. Assistance efforts in Sudan.
Sec. 9. Reporting requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) AMIS.—The term ‘‘AMIS’’ means the African Union
Mission in Sudan.
(2) 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.
(3) COMPREHENSIVE PEACE AGREEMENT FOR SUDAN.—The
term ‘‘Comprehensive Peace Agreement for Sudan’’ means the
peace agreement signed by the Government of Sudan and the
SPLM/A in Nairobi, Kenya, on January 9, 2005.
(4) DARFUR PEACE AGREEMENT.—The term ‘‘Darfur Peace
Agreement’’ means the peace agreement signed by the Govern-
ment of Sudan and by Minni Minnawi, leader of the Sudan
Liberation Movement/Army Faction, in Abuja, Nigeria, on May
5, 2006.
(5) GOVERNMENT
OF
SUDAN.—The term ‘‘Government of
Sudan’’—
(A) means—
(i) the government in Khartoum, Sudan, which
is led by the National Congress Party (formerly known
as the National Islamic Front); or
50 USC 1701
note.
Darfur Peace and
Accountability
Act of 2006.
50 USC 1701
note.
Oct. 13, 2006
[H.R. 3127]
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120 STAT. 1870
PUBLIC LAW 109–344—OCT. 13, 2006
(ii) any successor government formed on or after
the date of the enactment of this Act (including the
coalition National Unity Government agreed upon in
the Comprehensive Peace Agreement for Sudan); and
(B) does not include the regional government of
Southern Sudan.
(6) OFFICIALS OF THE GOVERNMENT OF SUDAN.—The term
‘‘official of the Government of Sudan’’ does not include any
individual—
(A) who was not a member of such government before
July 1, 2005; or
(B) who is a member of the regional government of
Southern Sudan.
(7) SPLM/A.—The term ‘‘SPLM/A’’ means the Sudan Peo-
ple’s Liberation Movement/Army.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On July 23, 2004, Congress declared, ‘‘the atrocities
unfolding in Darfur, Sudan, are genocide’’.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations of
the Senate, ‘‘genocide has occurred and may still be occurring
in Darfur’’, and ‘‘the Government of Sudan and the Janjaweed
bear responsibility’’.
(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed
the Secretary of State’s finding and stated,‘‘[a]t this hour, the
world is witnessing terrible suffering and horrible crimes in
the Darfur region of Sudan, crimes my government has con-
cluded are genocide’’.
(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon
the Government of Sudan to disarm the Janjaweed militias
and to apprehend and bring to justice Janjaweed leaders and
their associates who have incited and carried out violations
of human rights and international humanitarian law, and
establishing a ban on the sale or supply of arms and related
materiel of all types, including the provision of related technical
training or assistance, to all nongovernmental entities and
individuals, including the Janjaweed.
(5) On September 18, 2004, the United Nations Security
Council passed Security Council Resolution 1564 (2004), deter-
mining that the Government of Sudan had failed to meet its
obligations under Security Council Resolution 1556 (2004),
calling for a military flight ban in and over the Darfur region,
demanding the names of Janjaweed militiamen disarmed and
arrested for verification, establishing an International Commis-
sion of Inquiry on Darfur to investigate violations of inter-
national humanitarian and human rights laws, and threatening
sanctions should the Government of Sudan fail to fully comply
with Security Council Resolutions 1556 (2004) and 1564 (2004),
including such actions as to affect Sudan’s petroleum sector
or individual members of the Government of Sudan.
(6) The Report of the International Commission of Inquiry
on Darfur, submitted to the United Nations Secretary-General
on January 25, 2005, established that the ‘‘Government of
50 USC 1701
note.
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120 STAT. 1871
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the Sudan and the Janjaweed are responsible for serious viola-
tions of international human rights and humanitarian law
amounting to crimes under international law,’’ that ‘‘these acts
were conducted on a widespread and systematic basis, and
therefore may amount to crimes against humanity,’’ and that
officials of the Government of Sudan and other individuals
may have acted with ‘‘genocidal intent’’.
(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing
the United Nations Mission in Sudan (referred to in this section
as the ‘‘UNMIS’’), consisting of up to 10,000 military personnel
and 715 civilian police tasked with supporting the implementa-
tion of the Comprehensive Peace Agreement for Sudan and
to ‘‘closely and continuously liaise and coordinate at all levels
with the African Union Mission in Sudan (AMIS)’’, which had
been established by the African Union on May 24, 2004, to
monitor the implementation of the N’Djamena Humanitarian
Ceasefire Agreement, signed on April 8, 2004, ‘‘with a view
towards expeditiously reinforcing the effort to foster peace in
Darfur’’.
(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution
1556 (2004) to all the parties to the N’Djamena Ceasefire Agree-
ment of April 8, 2004, and any other belligerents in the states
of North Darfur, South Darfur, and West Darfur, calling for
an asset freeze and travel ban against those individuals who
impede the peace process, constitute a threat to stability in
Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities, are
responsible for offensive military overflights, or violate the mili-
tary embargo, and establishing a Committee of the Security
Council and a panel of experts to assist in monitoring compli-
ance with Security Council Resolutions 1556 (2004) and 1591
(2005).
(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of
the International Criminal Court and calling on the Govern-
ment of Sudan and all parties to the conflict to cooperate
fully with the Court.
(10) On July 30, 2005, Dr. John Garang de Mabior, the
newly appointed Vice President of Sudan and the leader of
the SPLM/A for the past 21 years, was killed in a tragic
helicopter crash in Southern Sudan, sparking riots in Khartoum
and challenging the commitment of all Sudanese to the Com-
prehensive Peace Agreement for Sudan.
(11) On January 12, 2006, the African Union Peace and
Security Council issued a communique endorsing, in principle,
a transition from AMIS to a United Nations peacekeeping oper-
ation and requested the Chairperson of the Council to initiate
consultations with the United Nations and other stakeholders
toward this end.
(12) On February 3, 2006, the United Nations Security
Council issued a Presidential Statement authorizing the initi-
ation of contingency planning for a transition from AMIS to
a United Nations peacekeeping operation.
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(13) On March 10, 2006, the African Union Peace and
Security Council extended the mandate of AMIS, which had
reached a force size of 7,000, to September 30, 2006, while
simultaneously endorsing the transition of AMIS to a United
Nations peacekeeping operation and setting April 30, 2006 as
the deadline for reaching an agreement to resolve the crisis
in Darfur.
(14) On March 24, 2006, the United Nations Security
Council passed Security Council Resolution 1663 (2006),
which—
(A) welcomes the African Peace and Security Council’s
March 10, 2006 communique; and
(B) requests that the United Nations Secretary-Gen-
eral, jointly with the African Union and in consultation
with the parties to the Abuja Peace Talks, expedite plan-
ning for the transition of AMIS to a United Nations peace-
keeping operation.
(15) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and ‘‘additional forces with a NATO
overlay . . . to provide logistical and command-and-control and
airlift capacity, but also to send a clear signal to parties
involved that the west is determined to help effect a settle-
ment.’’.
(16) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously
imposing targeted financial sanctions and travel restrictions
on 4 individuals who had been identified as those who, among
other acts, ‘‘impede the peace process, constitute a threat to
stability in Darfur and the region, commit violations of inter-
national humanitarian or human rights law or other atrocities’’,
including the Commander of the Western Military Region for
the armed forces of Sudan, the Paramount Chief of the Jalul
Tribe in North Darfur, the Commander of the Sudan Liberation
Army, and the Field Commander of the National Movement
for Reform and Development.
(17) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international
community, including the United States, the Government of
Sudan and the largest rebel faction in Darfur, the Sudan Lib-
eration Movement, led by Minni Minnawi, signed the Darfur
Peace Agreement, which addresses security, power sharing,
and wealth sharing issues between the parties.
(18) In August 2006, the Sudanese government began to
amass military forces and equipment in the Darfur region
in contravention of the Darfur Peace Agreement to which they
are signatories in what appears to be preliminary to full scale
war.
(19) On August 30, 2006, the United Nations Security
Council passed Security Council Resolution 1706 (2006), with-
out dissent and with abstentions by China, Russian Federation,
and Qatar, thereby asserting that the existing United Nations
Mission in Sudan ‘‘shall take over from AMIS responsibility
for supporting the implementation of the Darfur Peace Agree-
ment upon the expiration of AMIS’ mandate but in any event
no later than 31 December 2006’’, and that UNMIS ‘‘shall
be strengthened by up to 17,300 military personnel . . . 3,300
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120 STAT. 1873
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civilian police personnel and up to 16 Formed Police Units’’,
which ‘‘shall begin to be deployed [to Darfur] no later than
1 October 2006’’.
(20) Between August 30 and September 3, 2006, President
Bashir and other senior members of his administration have
publicly rejected United Nations Security Council Resolution
1706 (2006), calling it illegal and a western invasion of his
country, despite the current presence of 10,000 United Nations
peacekeepers under the UNMIS peacekeeping force.
(21) Since 1993, the Secretary of State has determined,
pursuant to section 6(j) of the Export Administration Act of
1979 (50 App. U.S.C. 2405(j)), that Sudan is a country, the
government of which has repeatedly provided support for acts
of international terrorism, thereby restricting United States
assistance, defense exports and sales, and financial and other
transactions with the Government of Sudan.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the genocide unfolding in the Darfur region of Sudan
is characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias
with the complicity and support of the National Congress Party-
led faction of the Government of Sudan;
(2) all parties to the conflict in the Darfur region have
continued to violate the N’Djamena Ceasefire Agreement of
April 8, 2004, and the Abuja Protocols of November 9, 2004,
and violence against civilians, humanitarian aid workers, and
personnel of AMIS is increasing;
(3) the African Union should immediately make all nec-
essary preparations for an orderly transition to a United
Nations peacekeeping operation, which will maintain an appro-
priate level of African participation, with a mandate to protect
civilians 
and 
humanitarian 
operations, 
assist 
in 
the
implementation of the Darfur Peace Agreement, and deter
violence in the Darfur region;
(4) the international community, including the United
States and the European Union, should immediately act to
mobilize sufficient political, military, and financial resources
through the United Nations and the North Atlantic Treaty
Organization, to support the transition of AMIS to a United
Nations peacekeeping operation with the size, strength, and
capacity necessary to protect civilians and humanitarian oper-
ations, to assist with the implementation of the Darfur Peace
Agreement, and to end the continued violence in the Darfur
region;
(5) if an expanded and reinforced AMIS or subsequent
United Nations peacekeeping operation fails to stop genocide
in the Darfur region, the international community should take
additional measures to prevent and suppress acts of genocide
in the Darfur region;
(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan’s rights and privileges
of membership by the General Assembly until such time as
the Government of Sudan has honored pledges to cease attacks
50 USC 1701
note.
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120 STAT. 1874
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upon civilians, demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region;
(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the responsibil-
ities of the Committee of the United Nations Security Council
and the panel of experts established pursuant to section 3(a)
of Security Council Resolution 1591 (2005);
(8) the President should direct the United States Perma-
nent Representative to the United Nations to use the voice,
vote, and influence of the United States to urge the adoption
of a resolution by the United Nations Security Council that—
(A) extends the military embargo established by United
Nations Security Resolutions 1556 (2004) and 1591 (2005)
to include a total ban on the sale or supply of offensive
military equipment to the Government of Sudan, except
for use in an internationally recognized demobilization pro-
gram or for nonlethal assistance necessary to carry out
elements of the Comprehensive Peace Agreement for Sudan
or the Darfur Peace Agreement; and
(B) calls upon those member states of the United
Nations that continue to undermine efforts to foster peace
in Sudan by providing military assistance to the Govern-
ment of Sudan, government supported militias, or any rebel
group operating in Darfur in violation of the embargo on
such assistance and equipment, as called for in United
Nations Security Council Resolutions 1556 (2004) and 1591
(2005), to immediately cease and desist.
(9) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for
Sudan and the Darfur Peace Agreement, the support of the
regional Government of Southern Sudan, the Transitional
Darfur Regional Authority, and marginalized areas in Northern
Sudan (including the Nuba Mountains, Southern Blue Nile,
Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for
humanitarian purposes in Sudan, until the Government of
Sudan has honored pledges to cease attacks upon civilians,
demobilize and demilitarize the Janjaweed and associated mili-
tias, grant free and unfettered access for deliveries of humani-
tarian assistance in the Darfur region, and allow for the safe
and voluntary return of refugees and internally displaced per-
sons;
(10) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a stu-
dent loan forgiveness program for those individuals who commit
to return to Southern Sudan for a period of not less than
5 years for the purpose of contributing professional skills
needed for the reconstruction of Southern Sudan;
(11) the Presidential Special Envoy for Sudan should be
provided with appropriate resources and a clear mandate to—
(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur
Peace Agreement;
(B) seek ways to bring stability and peace to the Darfur
region;
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120 STAT. 1875
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(C) address instability elsewhere in Sudan, Chad, and
northern Uganda; and
(D) pursue a truly comprehensive peace throughout
the region;
(12) the international community should strongly condemn
attacks against humanitarian workers and African Union per-
sonnel, and the forcible recruitment of refugees and internally
displaced persons from camps in Chad and Sudan, and demand
that all armed groups in the region, including the forces of
the Government of Sudan, the Janjaweed, associated militias,
the Sudan Liberation Movement/Army, the Justice and Equality
Movement, the National Movement for Reform and Develop-
ment (NMRD), and all other armed groups refrain from such
activities;
(13) the United States should fully support the Comprehen-
sive Peace Agreement for Sudan and the Darfur Peace Agree-
ment and urge rapid implementation of their terms;
(14) the May 5, 2006 signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation
Movement was a positive development in a situation that has
seen little political progress in 2 years and should be seized
upon by all sides to begin the arduous process of post-conflict
reconstruction, restitution, justice, and reconciliation; and
(15) the new leadership of the Sudan People’s Liberation
Movement (referred to in this paragraph as ‘‘SPLM’’) should—
(A) seek to transform SPLM into an inclusive, trans-
parent, and democratic body;
(B) reaffirm the commitment of SPLM to—
(i) bring peace to Southern Sudan, the Darfur
region, and Eastern Sudan; and
(ii) eliminate safe haven for regional rebel move-
ments, such as the Lord’s Resistance Army; and
(C) remain united in the face of efforts to undermine
SPLM.
SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) BLOCKING OF ASSETS AND RESTRICTION ON VISAS.—Section
6 of the Comprehensive Peace in Sudan Act of 2004 (Public Law
108–497; 50 U.S.C. 1701 note) is amended—
(1) in the heading of subsection (b), by inserting ‘‘OF APPRO-
PRIATE SENIOR OFFICIALS OF THE GOVERNMENT OF SUDAN’’ after
‘‘ASSETS’’;
(2) by redesignating subsections (c) through (e) as sub-
sections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
‘‘(c) BLOCKING OF ASSETS AND RESTRICTION ON VISAS OF CER-
TAIN INDIVIDUALS IDENTIFIED BY THE PRESIDENT.—
‘‘(1) BLOCKING
OF
ASSETS.—Beginning on the date that
is 30 days after the date of the enactment of the Darfur Peace
and Accountability Act of 2006, and in the interest of contrib-
uting to peace in Sudan, the President shall, consistent with
the authorities granted under the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.), block the assets
of any individual who the President determines is complicit
in, or responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members
Effective date.
50 USC 1701
note.
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or any associates of such individual to whom assets or property
of such individual was transferred on or after July 1, 2002.
‘‘(2) RESTRICTION ON VISAS.—Beginning on the date that
is 30 days after the date of the enactment of the Darfur Peace
and Accountability Act of 2006, and in the interest of contrib-
uting to peace in Sudan, the President shall deny a visa and
entry to any individual who the President determines to be
complicit in, or responsible for, acts of genocide, war crimes,
or crimes against humanity in Darfur, including the family
members or any associates of such individual to whom assets
or property of such individual was transferred on or after
July 1, 2002.’’.
(b) WAIVER.—Section 6(d) of the Comprehensive Peace in Sudan
Act of 2004, as redesignated by subsection (a), is amended by
adding at the end the following: ‘‘The President may waive the
application of paragraph (1) or (2) of subsection (c) with respect
to any individual if the President determines that such a waiver
is in the national interests of the United States and, before exer-
cising the waiver, notifies the appropriate congressional committees
of the name of the individual and the reasons for the waiver.’’.
(c) 
SANCTIONS
AGAINST
JANJAWEED
COMMANDERS
AND
COORDINATORS OR OTHER INDIVIDUALS.—It is the sense of Congress,
that the President should immediately impose the sanctions
described in section 6(c) of the Comprehensive Peace in Sudan
Act of 2004, as added by subsection (a), against any individual,
including the Janjaweed commanders and coordinators, identified
as those who, among other acts, ‘‘impede the peace process, con-
stitute a threat to stability in Darfur and the region, commit viola-
tions of international humanitarian or human rights law or other
atrocities’’.
SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENO-
CIDE IN DARFUR.
(a) PRESIDENTIAL ASSISTANCE TO SUPPORT AMIS.—Subject to
subsection (b) and notwithstanding any other provision of law,
the President is authorized to provide AMIS with—
(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of Sudan
and dissuade and deter air attacks directed against civilians
and humanitarian workers; and
(2) assistance in the areas of logistics, transport, commu-
nications, material support, technical assistance, training, com-
mand and control, aerial surveillance, and intelligence.
(b) CONDITIONS.—
(1) IN
GENERAL.—Assistance provided under subsection
(a)—
(A) shall be used only in the Darfur region; and
(B) shall not be provided until AMIS has agreed not
to transfer title to, or possession of, any such assistance
to anyone not an officer, employee or agent of AMIS (or
subsequent United Nations peacekeeping operation), and
not to use or to permit the use of such assistance for
any purposes other than those for which such assistance
was furnished, unless the consent of the President has
first been obtained, and written assurances reflecting all
50 USC 1701
note.
Effective date.
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of the forgoing have been obtained from AMIS by the
President.
(2) CONSENT.—If the President consents to the transfer
of such assistance to anyone not an officer, employee, or agent
of AMIS (or subsequent United Nations peacekeeping oper-
ation), or agrees to permit the use of such assistance for any
purposes other than those for which such assistance was fur-
nished, the President shall immediately notify the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394–1).
(c) NATO ASSISTANCE TO SUPPORT AMIS.—It is the sense
of Congress that the President should continue to instruct the
United States Permanent Representative to the North Atlantic
Treaty Organization (referred to in this section as ‘‘NATO’’) to
use the voice, vote, and influence of the United States at NATO
to—
(1) advocate NATO reinforcement of the AMIS and its
orderly transition to a United Nations peacekeeping operation,
as appropriate;
(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the
Darfur region of Sudan; and
(3) provide other logistical, transportation, communications,
training, technical assistance, command and control, aerial
surveillance, and intelligence support.
(d) RULE
OF CONSTRUCTION.—Nothing in this Act, or any
amendment made by this Act, shall be construed as a provision
described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution
(Public Law 93–148; 50 U.S.C. 1544(b), 1546(a)(1)).
(e) DENIAL OF ENTRY AT UNITED STATES PORTS TO CERTAIN
CARGO SHIPS OR OIL TANKERS.—
(1) IN GENERAL.—The President should take all necessary
and appropriate steps to deny the Government of Sudan access
to oil revenues, including by prohibiting entry at United States
ports to cargo ships or oil tankers engaged in business or
trade activities in the oil sector of Sudan or involved in the
shipment of goods for use by the armed forces of Sudan until
such time as the Government of Sudan has honored its commit-
ments to cease attacks on civilians, demobilize and demilitarize
the Janjaweed and associated militias, grant free and unfet-
tered access for deliveries of humanitarian assistance, and allow
for the safe and voluntary return of refugees and internally
displaced persons.
(2) EXCEPTION.—Paragraph (1) shall not apply with respect
to cargo ships or oil tankers involved in—
(A) an internationally-recognized demobilization pro-
gram;
(B) the shipment of non-lethal assistance necessary
to carry out elements of the Comprehensive Peace Agree-
ment for Sudan or the Darfur Peace Agreement; or
(C) the shipment of military assistance necessary to
carry out elements of an agreement referred to in subpara-
graph (B) if the President has made the determination
set forth in section 8(c)(2).
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PUBLIC LAW 109–344—OCT. 13, 2006
(f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN VIOLATION
OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1556 AND
1591.—
(1) PROHIBITION.—Amounts made available to carry out
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
may not be used to provide assistance (other than humanitarian
assistance) to the government of a country that is in violation
of the embargo on military assistance with respect to Sudan
imposed pursuant to United Nations Security Council Resolu-
tions 1556 (2004) and 1591 (2005).
(2) WAIVER.—The President may waive the application of
paragraph (1) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in
the national interests of the United States.
SEC. 7. CONTINUATION OF RESTRICTIONS.
(a) IN
GENERAL.—Restrictions against the Government of
Sudan that were imposed pursuant to Executive Order No. 13067
of November 3, 1997 (62 Federal Register 59989), title III and
sections 508, 512, 527, and 569 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public
Law 109–102), or any other similar provision of law, shall remain
in effect, and shall not be lifted pursuant to such provisions of
law, until the President certifies to the appropriate congressional
committees that the Government of Sudan is acting in good faith
to—
(1) implement the Darfur Peace Agreement;
(2) disarm, demobilize, and demilitarize the Janjaweed and
all militias allied with the Government of Sudan;
(3) adhere to all associated United Nations Security Council
Resolutions, including Security Council Resolutions 1556
(2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006),
1665 (2006), and 1706 (2006);
(4) negotiate a peaceful resolution to the crisis in eastern
Sudan;
(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord’s Resistance Army
in Sudan; and
(6) fully implement the Comprehensive Peace Agreement
for Sudan without manipulation or delay, by—
(A) implementing the recommendations of the Abyei
Boundaries Commission Report;
(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of such
commissions consistent with the terms of the Comprehen-
sive Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth Sharing Agree-
ment; and
(D) withdrawing government forces from Southern
Sudan consistent with the terms of the Comprehensive
Peace Agreement for Sudan.
(b) WAIVER.—The President may waive the application of sub-
section (a) if the President determines, and certifies to the appro-
priate congressional committees, that such waiver is in the national
interests of the United States.
50 USC 1701
note.
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PUBLIC LAW 109–344—OCT. 13, 2006
SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
(a) ASSISTANCE FOR INTERNATIONAL MALARIA CONTROL ACT.—
Section 501 of the Assistance for International Malaria Control
Act (Public Law 106–570; 50 U.S.C. 1701 note) is repealed.
(b) COMPREHENSIVE PEACE IN SUDAN ACT.—Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497;
50 U.S.C. 1701 note) is repealed.
(c) ECONOMIC ASSISTANCE.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the President is authorized to provide economic assistance
for Southern Sudan, Southern Kordofan/Nuba Mountains State,
Blue Nile State, Abyei, Darfur, and marginalized areas in and
around Khartoum, in an effort to provide emergency relief,
to promote economic self-sufficiency, to build civil authority,
to provide education, to enhance rule of law and the develop-
ment of judicial and legal frameworks, and to support people
to people reconciliation efforts, or to implement any nonmilitary
program in support of any viable peace agreement in Sudan,
including the Comprehensive Peace Agreement for Sudan and
the Darfur Peace Agreement.
(2) CONGRESSIONAL NOTIFICATION.—Assistance may not be
obligated under this subsection until 15 days after the date
on which the Secretary of State notifies the congressional
committees specified in section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance
with the procedures applicable to reprogramming notifications
under such section.
(d) AUTHORIZED MILITARY ASSISTANCE.—
(1) IN GENERAL.—If the President has not made a certifi-
cation under section 12(a)(3) of the Sudan Peace Act (50 U.S.C.
1701 note) regarding the noncompliance of the SPLM/A or
the Government of Southern Sudan with the Comprehensive
Peace Agreement for Sudan, the President, notwithstanding
any other provision of law, may authorize, for each of fiscal
years 2006, 2007, and 2008, the provision of the following
assistance to the Government of Southern Sudan for the pur-
pose of constituting a professional military force—
(A) non-lethal military equipment and related defense
services, including training, controlled under the Inter-
national Traffic in Arms Regulations (22 C.F.R. 120.1 et
seq.) if the President—
(i) determines that the provision of such items
is in the national security interest of the United States;
and
(ii) not later than 15 days before the provision
of any such items, notifies the Committee on Foreign
Relations of the Senate and the Committee on Inter-
national Relations of the House of Representatives of
such determination; and
(B) small arms and ammunition under categories I
and III of the United States Munitions List (22 C.F.R.
121.1 et seq.) if the President—
(i) determines that the provision of such equipment
is essential to the national security interests of the
United States; and
(ii) consistent with the procedures set forth in
section 614(a)(3) of the Foreign Assistance Act of 1961
Effective date.
50 USC 1701
note.
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120 STAT. 1880
PUBLIC LAW 109–344—OCT. 13, 2006
(22 U.S.C. 2364(a)(3)), notifies the Committee on For-
eign Relations of the Senate and the Committee on
International Relations of the House of Representatives
of such determination.
(2) END USE ASSURANCES.—For each item exported pursu-
ant to this subsection or subsection (c), the President shall
include with the notification to Congress under subparagraphs
(A)(ii) and (B)(ii) of paragraph (1)—
(A) an identification of the end users to which the
provision of assistance is being made;
(B) the dollar value of the items being provided;
(C) a description of the items being provided; and
(D) a description of the end use verification procedures
that will be applied to such items, including—
(i) any special assurances obtained from the
Government of Southern Sudan or other authorized
end users regarding such equipment; and
(ii) the end use or retransfer controls that will
be applied to any items provided under this subsection.
(3) WAIVER AUTHORITY.—Section 40 of the Arms Export
Control Act (22 U.S.C. 2780) shall not apply to assistance
provided under paragraph (1).
(e) EXCEPTION TO PROHIBITIONS IN EXECUTIVE ORDER NUMBER
13067.—Notwithstanding any other provision of law, the prohibi-
tions set forth with respect to Sudan in Executive Order No. 13067
(62 Fed. Reg. 59989) shall not apply to activities or related trans-
actions with respect to Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, or marginalized
areas in and around Khartoum.
SEC. 9. REPORTING REQUIREMENTS.
Section 8 of the Sudan Peace Act (Public Law 107–245; 50
U.S.C. 1701 note) is amended—
(1) by redesignating subsection (c) as subsection (g); and
(2) by inserting after subsection (b) the following:
‘‘(c) REPORT ON AFRICAN UNION MISSION IN SUDAN.—Until such
time as AMIS concludes its mission in Darfur, in conjunction with
the other reports required under this section, the Secretary of
State, in consultation with all relevant Federal departments and
agencies, shall prepare and submit a report, to the appropriate
congressional committees, regarding—
‘‘(1) a detailed description of all United States assistance
provided to the African Union Mission in Sudan (referred to
in this subsection as ‘AMIS’) since the establishment of AMIS,
reported by fiscal year and the type and purpose of such assist-
ance; and
‘‘(2) the level of other international assistance provided
to AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic Treaty
Organization, the European Union, the Arab League, and the
United Nations, reported by fiscal year and the type and pur-
pose of such assistance, to the extent possible.
‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.—
In conjunction with the other reports required under this section,
the Secretary of State shall submit a report to the appropriate
congressional committees regarding sanctions imposed under sec-
tion 6 of the Comprehensive Peace in Sudan Act of 2004, including—
50 USC 1701
note.
President.
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PUBLIC LAW 109–344—OCT. 13, 2006
LEGISLATIVE HISTORY—H.R. 3127 (S. 1462) (S. 3884):
HOUSE REPORTS: No. 109–392, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Apr. 5, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 13, Presidential statement.
‘‘(1) a description of each sanction imposed under such
provision of law;
‘‘(2) the name of the individual or entity subject to the
sanction, if applicable; and
‘‘(3) whether or not such individual has been identified
by the United Nations panel of experts.
‘‘(e) REPORT
ON UNITED STATES MILITARY ASSISTANCE.—In
conjunction with the other reports required under this section,
the Secretary of State shall submit a report to the appropriate
congressional committees describing the effectiveness of any assist-
ance provided under section 8 of the Darfur Peace and Account-
ability Act of 2006, including—
‘‘(1) a detailed annex on any military assistance provided
in the period covered by this report;
‘‘(2) the results of any review or other monitoring conducted
by the Federal Government with respect to assistance provided
under that Act; and
‘‘(3) any unauthorized retransfer or use of military assist-
ance furnished by the United States.’’.
Approved October 13, 2006.
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