Title 22, Foreign Relations and IntercourseRelease 119-110

§10010 Limitation on Assistance to the Sudanese Security and Intelligence Services

Title 22 › CHAPTER 107 — SUDAN DEMOCRATIC TRANSITION, ACCOUNTABILITY, AND FISCAL TRANSPARENCY › § 10010

Last updated Sep 22, 2026|Official source

Summary

The President must not give aid to Sudan’s security and intelligence services, except for help already allowed under section 10005, until he sends Congress a certification that Sudan has met specific conditions. The Secretary of State can still give training help to professionalize those services through places like the Africa Center for Strategic Studies and the United States Institute of Peace. The President can also waive the ban if, at least 30 days before the aid starts, he tells the right congressional committees what activities and people the waiver covers, explains why the waiver is needed for U.S. national security, and certifies that participants meet the rules in section 2378d (for State-funded programs) or section 362 of title 10 (for Defense-funded programs). The certification must say that Sudan’s security and intelligence services have made progress on security sector reform and laws, respect human rights including religious freedom, hold those who commit abuses accountable and cooperate with accountability efforts for war crimes and similar crimes, are under civilian control and the rule of law, stop targeting minorities and participate in peace talks, allow full humanitarian access, work with UNHCR on protecting and returning displaced people, and investigate and prosecute unlawful recruitment of children. The certification should be unclassified but can include a classified annex. This rule ends on the earlier of two years after January 1, 2021, or when the President says the Sovereignty Council has successfully moved from military to civilian leadership.

Full Legal Text

Title 22, §10010

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general
The President may not provide assistance (other than assistance authorized under section 10005 of this title) to the Sudanese security and intelligence services until the President submits to Congress a certification that the Government of Sudan has met the conditions described in subsection (c).
(b)Exception; waiver
(1)Exception
The Secretary of State may, as appropriate and notwithstanding any other provision of law, provide assistance for the purpose of professionalizing the Sudanese security and intelligence services, through institutions such as the Africa Center for Strategic Studies and the United States Institute of Peace.
(2)Waiver
The President may waive the limitation on the provision of assistance under subsection (a) if, not later than 30 days before the assistance is to be provided, the President submits to the appropriate congressional committees—
(A)a list of the activities and participants to which such waiver would apply;
(B)a justification that the waiver is in the national security interest of the United States; and
(C)a certification that the participants have met the requirements of either section 2378d of this title for programs funded through Department of State appropriations or section 362 of title 10 for programs funded through Department of Defense appropriations.
(c)Conditions
(1)In general
The conditions described in this subsection are that the Sudanese security and intelligence services—
(A)have demonstrated progress in undertaking security sector reform, including reforms that professionalize such security and intelligence services, improve transparency, and reforms to the laws governing the Sudanese security forces, such as of the National Security Act, 2010 and the Armed Forces Act, 2007;
(B)support efforts to respect human rights, including religious freedom, and hold accountable any members of such security and intelligence services responsible for human rights violations and abuses, including by taking demonstrable steps to cooperate with local or international mechanisms of accountability, to ensure that those responsible for war crimes, crimes against humanity, and genocide committed in Sudan are brought to justice;
(C)are under civilian oversight, subject to the rule of law, and are not undertaking actions to undermine a civilian-led transitional government or an elected civilian government;
(D)have refrained from targeted attacks against religious or ethnic minority groups, have negotiated in good faith during the peace process and constructively participated in the implementation of any resulting peace agreements, and do not impede inclusive political participation;
(E)allow unfettered humanitarian access by United Nations organizations and specialized agencies and domestic and international humanitarian organizations to civilian populations in conflict-affected areas;
(F)cooperate with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to allow for the protection of displaced persons and the safe, voluntary, sustainable, and dignified return of refugees and internally displaced persons; and
(G)take constructive steps to investigate all reports of unlawful recruitment of children by Sudanese security forces and prosecute those found to be responsible.
(2)Form
The certification described in subsection (a) containing the conditions described in paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d)Sunset
This section shall terminate on the date that is the earlier of— (1)
(2)the date on which the President determines that a successful rotation of military to civilian leadership in the Sovereignty Council has occurred.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act, 2010, referred to in subsec. (c)(1)(A), was passed by the National Assembly of Sudan and entered into force on Jan. 28, 2010. The Armed Forces Act, 2007, referred to in subsec. (c)(1)(A), was passed by the National Assembly of Sudan and entered into force on Dec. 17, 2007. The Act was amended in July 2013.

Reference

Citations & Metadata

Citation

22 U.S.C. § 10010

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110