[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6140 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6140
To impose sanctions on Sudan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2021
Mrs. Kim of California (for herself, Mr. Phillips, and Mr. McCaul)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To impose sanctions on 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 subtitle may be cited as the ``Sudan Democracy Act''.
SEC. 2. DEFINITIONS.
In this subtitle:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given such terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(5) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the African Development Fund;
(J) the European Bank for Reconstruction and
Development; and
(K) the Multilateral Investment Guaranty Agency.
(6) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Security and intelligence services.--The term
``security and intelligence services'' means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces;
(C) the Popular Defense Forces;
(D) other Sudanese paramilitary units;
(E) Sudanese police forces; and
(F) the General Intelligence Service (previously
known as the National Intelligence and Security
Services).
(8) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully
admitted for permanent residence to the United States,
or any other individual subject to the jurisdiction of
the United States; or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such entity.
SEC. 3. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) On November 17, 1958, Lieutenant General Ibrahim Abboud
of Sudan led the country's first coup after independence, and
the first successful coup in post-independence Africa.
(2) There have been more than 200 coup attempts across
Africa since the 1958 coup in Sudan, including successful coups
in Sudan in 1969, 1985, 1989, and 2019.
(3) On April 11, 2019, President Omar al Bashir of Sudan,
who came to power in a military coup in 1989, was overthrown
after months of popular protests by his own security chiefs,
who established a Transitional Military Council, led by
Lieutenant General Abdel Fattah al-Burhan, that ignored calls
from the Sudanese people to transfer power to civilians.
(4) On August 17, 2019--
(A) the Transitional Military Council, under
domestic and international pressure, signed a power-
sharing agreement with the Forces for Freedom and
Change, a broad coalition of political parties and
civic groups representing the protest movement that had
pushed for the end of the Bashir regime and a
transition to civilian rule; and
(B) a transitional government was formed that
allowed the junta leaders to remain in government in a
partnership with new civilian authorities nominated by
the Forces for Freedom and Change, including Prime
Minister Abdallah Hamdok, for a transitional period to
democracy.
(5) On October 25, 2021, Lieutenant General Burhan, with
the support of Lieutenant Mohamed Hamdan Dagalo (also known as
``Hemedti'')--
(A) seized control of the Government of Sudan;
(B) deployed the military to the streets of
Khartoum and Omdurman;
(C) shut down the internet in Sudan; and
(D) detained Prime Minister Hamdok and other
civilian officials.
(6) The African Union Peace and Security Council has
condemned the military takeover, rejected the unconstitutional
change of government, and on October 27, 2021, suspended Sudan
from the Council until the civilian-led transitional government
is restored.
(7) The Troika (the United States, United Kingdom, Norway),
the European Union, and Switzerland ``continue to recognize the
Prime Minister and his cabinet as the constitutional leaders of
the transitional government''.
(8) The Sudanese people have condemned the military
takeover and launched a campaign of peaceful civil
disobedience, continuing the protests for democracy that began
in late 2018 and reflecting a historic tradition of non-
violence protests led by previous generations in Sudan against
military regimes in 1964 and 1985.
(9) In response to public calls for civilian rule since
October 25, 2021, Sudanese security forces have arbitrarily
detained civilians and used excessive and lethal force against
peaceful protesters that has resulted in civilian deaths across
the country.
(10) The October 25, 2021, military takeover represents a
threat to--
(A) Sudan's economic recovery and stability;
(B) the bilateral relationship between Sudan and
the United States; and
(C) regional peace and security.
(b) Statement of Policy.--It is the policy of the United States--
(1) to support the democratic aspirations of the people of
Sudan and a political transition process that results in a
civilian government that is democratic, accountable, respects
the human rights of its citizens, and is at peace with itself
and with its neighbors;
(2) to encourage the reform of the security sector of Sudan
to one that is protects citizens under a democracy and respects
civilian authority; and
(3) to deter military coups and efforts by external parties
to support them.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any person or entity that the
President determines, on or after the date of enactment of this Act--
(1) is responsible for, complicit in, or directly or
indirectly engaged or attempted to engage in--
(A) actions that undermine the transition to
democracy in Sudan, or, after elections, undermine
democratic processes or institutions;
(B) actions that threaten the peace, security, or
stability of Sudan;
(C) actions that prohibit, limit, or penalize the
exercise of freedom of expression or assembly by people
in Sudan, or limit access to print, online, or
broadcast media in Sudan;
(D) the arbitrary detention or torture of any
person in Sudan or other gross violations of
internationally recognized human rights in Sudan;
(E) significant efforts to impede investigations or
prosecutions of alleged serious human rights abuses in
Sudan;
(F) actions that result in the misappropriation of
significant state assets of Sudan or manipulation of
the currency, or that hinder government oversight of
parastatal budgets and revenues;
(G) actions that violate medical neutrality,
including blocking access to care and targeting first
responders, medical personnel, or medical institutions;
or
(H) disrupting access to communication technologies
and information on the internet;
(2) is an entity owned or controlled by any person or
entity described in paragraph (1);
(3) forms an entity for the purpose of evading sanctions
that would otherwise be imposed pursuant to subsection (b);
(4) is acting for, or on behalf of, a person or entity
referred to in paragraph (1), (2), or (3);
(5) is an entity that is owned or controlled (directly or
indirectly) by security and intelligence services, from which
one or more persons or entities described in paragraph (1)
derive significant revenue or financial benefit; or
(6) has knowingly--
(A) provided significant financial, material, or
technological support--
(i) to a foreign person or entity described
in paragraph (1) in furtherance of any of the
acts described in subparagraph (A) or (B) of
such paragraph; or
(ii) to any entity owned or controlled by
such person or entity or an immediate family
member of such person; or
(B) received significant financial, material, or
technological support from a foreign person or entity
described in paragraph (1) or an entity owned or
controlled by such person or entity or an immediate
family member of such person.
(b) Sanctions; Exceptions.--
(1) Sanctions.--
(A) Asset blocking.--Notwithstanding section 202 of
the International Emergency Economic Powers Act (50
U.S.C. 1701), the exercise of all powers granted to the
President by such Act to the extent necessary to block
and prohibit all transactions in all property and
interests in property of a foreign person the President
determines meets one or more of the criteria described
in subsection (a) if such property and interests in
property are in the United States, come within the
United States, or are or come within the possession or
control of a United States person.
(B) Aliens inadmissible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows, or has reason to believe,
meets any of the criteria described in
subsection (a)--
(I) is inadmissible to the United
States;
(II) is ineligible to receive a
visa or other documentation to enter
the United States; and
(III) is otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or a designee of the Secretary
of State, in accordance with section
221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
shall revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
with respect to an alien if admitting or paroling the alien
into the United States is necessary to permit the United States
to comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out subsection (b) shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of such section.
(4) Implementation.--The President--
(A) may exercise all authorities provided under
sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry
out this section; and
(B) shall issue such regulations, licenses, and
orders as may be necessary to carry out this section.
(5) Exception to comply with national security.--Activities
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) and any
authorized intelligence or law enforcement activities of the
United States shall be exempt from sanctions under this
section.
(c) Waiver.--The President may annually waive the application of
sanctions imposed on a foreign person pursuant to subsection (a) if the
President--
(1) determines that such waiver with respect to such
foreign person is in the national interest of the United
States; and
(2) not later than the date on which such waiver will take
effect, submits notice of, and justification for, such waiver
to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Foreign Affairs of the House
of Representatives;
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(D) the Committee on Financial Services of the
House of Representatives.
(d) Sunset.--The requirement to impose sanctions under this section
shall cease to be effective on December 31, 2026.
<all>
Sudan Democracy Act
#6140 | HR Congress #117
Policy Area: International Affairs
Subjects: AfricaConflicts and warsCurrencyForeign propertyHuman rightsInternet, web applications, social mediaNews media and reportingPolitical movements and philosophiesPresidents and presidential powers, Vice PresidentsProtest and dissentReconstruction and stabilizationRule of law and government transparencySanctionsSovereignty, recognition, national governance and statusSudanTelephone and wireless communicationTrade restrictionsVisas and passports
Last Action: Referred to the Subcommittee on Immigration and Citizenship. (11/1/2022)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text