§10010 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must not give aid to Sudan’s security and intelligence services until he tells Congress in writing that Sudan has met certain conditions. Aid allowed under section 10005 is not covered by this rule. The Secretary of State, however, can still fund professional training for those services through places like the Africa Center for Strategic Studies and the United States Institute of Peace. The President can waive the ban if, no later than 30 days before the aid starts, he sends the right congressional committees a list of activities and participants, a written national security justification, and a certification that the participants meet the rules in either section 2378d (for State-funded programs) or section 362 of title 10 (for Defense-funded programs). The certification to lift the ban must say Sudan has made progress on security-sector reform, shown respect for human rights including religious freedom, held service members accountable for abuses and war crimes, put the services under civilian oversight, avoided attacks on minorities and supported peace talks, allowed full humanitarian access, worked with the UN on refugees and displaced people, and investigated and prosecuted unlawful child recruitment. That certification must be unclassified but can include a classified annex. The rule ends on the earlier of the date that is 2 years after January 1, 2021, or the date the President determines a successful rotation from military to civilian leadership in the Sovereignty Council has happened.

Title 22, §10010

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(1)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)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)(1)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)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)This section shall terminate on the date that is the earlier of—

(1)the date that is 2 years after January 1, 2021; or

(2)the date on which the President determines that a successful rotation of military to civilian leadership in the Sovereignty Council has occurred.

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.

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

Summary

Title 22, §10010

Notes & Related Subsidiaries

Editorial Notes

References in Text

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