§10011 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must send several reports to the appropriate congressional committees. One report is due no later than 180 days after January 1, 2021 and then once a year for two years. It must (1) give a short summary of major human-rights abuses in Sudan, including sexual and gender-based violence, from December 2018 through the report date; (2) update what steps are being taken to investigate, charge, and try people for abuses since June 30, 1989, including the June 3, 2019 Khartoum massacre; (3) say whether those abuses could be war crimes, crimes against humanity, or genocide; and (4) name specific cases since the start of the transitional period where members of Sudanese security or intelligence forces have been charged or prosecuted for abuses since June 30, 1989. Another report is due no later than 180 days after January 1, 2021 and again one year later. It must describe actions by current or former senior Sudanese officials since the transitional government began in August 2019 in five areas (serious human-rights abuses, child recruitment, major corruption, efforts to avoid civilian control of security finances, and support for terrorism). It must also identify where those officials hold significant assets (including foreign and offshore banks) and estimate their value, and provide any U.S. agency information since August 2019 about people, governments, or financial institutions that help or profit from corruption or illicit trade in Sudan (including mineral exports and trade that may violate U.S. restrictions), about officials involved in illegal mineral trades (including petroleum and gold), and about funds given to members of the Sovereignty Council or Cabinet outside the Central Bank or Ministry of Finance. The President must also, within 180 days after January 1, 2021, send a report naming senior Sudanese officials he finds meet the criteria for sanctions under Executive Order No. 13400 (71 Fed. Reg. 25483). The reports required above must be unclassified but may include a classified annex.

Title 22, §10011

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Not later than 180 days after January 1, 2021, and annually thereafter for 2 years, the President shall submit a report to the appropriate congressional committees that—

(1)summarizes reports of gross violations of human rights, including sexual and gender-based violence, committed against civilians in Sudan, including members of the Sudanese security and intelligence services or any associated militias, between December 2018 and the date of the submission of the report;

(2)provides an update on any potential transitional justice mechanisms in Sudan to investigate, charge, and prosecute alleged perpetrators of gross violations of human rights in Sudan since June 30, 1989, including with respect to the June 3, 2019 massacre in Khartoum;

(3)provides an analysis of whether the gross violations of human rights summarized pursuant to paragraph (1) amount to war crimes, crimes against humanity, or genocide; and

(4)identifies specific cases since the beginning of the transitional period in which members of the Sudanese security and intelligence services have been charged and prosecuted for actions that constitute gross violations of human rights perpetrated since June 30, 1989.

(b)Not later than 180 days after January 1, 2021, and 1 year thereafter, the President shall submit a report to the appropriate congressional committees that—

(1)describes the actions and involvement of any previous or current senior officials of the Government of Sudan since the establishment of the transitional government in August 2019 in—

(A)directing, carrying out, or overseeing gross violations of human rights;

(B)directing, carrying out, or overseeing the unlawful use or recruitment of children by armed groups or armed forces in the context of conflicts in Sudan, Libya, Yemen, or other countries;

(C)directing, carrying out, or colluding in significant acts of corruption;

(D)directing, carrying out, or overseeing any efforts to circumvent the establishment of civilian control over the finances and assets of the Sudanese security and intelligence services; or

(E)facilitating, supporting, or financing terrorist activity in Sudan or other countries;

(2)identifies Sudanese and foreign financial institutions, including offshore financial institutions, in which senior officials of the Government of Sudan whose actions are described in paragraph (1) hold significant assets, and provides an estimate of the value of such assets;

(3)identifies any information United States Government agencies have obtained since August 2019 regarding persons, foreign governments, and Sudanese or foreign financial institutions that knowingly facilitate, finance, or otherwise benefit from corruption or illicit economic activity in Sudan, including the export of mineral resources, and, in particular, if that trade is violating any United States restrictions that remain in place by legislation or Executive order;

(4)identifies any information United States Government agencies have obtained since August 2019 regarding senior officials of the Government of Sudan who are personally involved in the illicit trade in mineral resources, including petroleum and gold; and

(5)identifies any information United States Government agencies have obtained since August 2019 regarding individuals or foreign governments that have provided funds to individual members of the Sovereignty Council or the Cabinet outside of the Central Bank of Sudan or the Ministry of Finance.

(c)Not later than 180 days after January 1, 2021, the President shall submit a report to the appropriate congressional committees that identifies the senior Sudanese government officials that President determines meet the criteria to be sanctionable pursuant to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking property of persons in connection with the conflict in Sudan’s Darfur region).

(d)The reports required under subsections (b) and (c) shall be submitted in unclassified form, but may include a classified annex.

Editorial Notes

References in Text

Executive Order No. 13400, referred to in subsec. (c), is Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483, which is listed in a table under section 1701 of Title 50, War and National Defense.

§10011 Reports

Summary

Title 22, §10011

Notes & Related Subsidiaries

Editorial Notes

References in Text

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