22 U.S.C. § 10011

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 10011 - Reports

(a) Report on accountability for human rights abuses

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) Report on certain activities and finances of senior officials of the government of Sudan

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) Report on sanctions pursuant to Executive Order No. 13400

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) Form

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

22 U.S.C. § 10011

Pub. L. 116-283, div. A, title XII, §1270B, Jan. 1, 2021, 134 Stat. 3975.

EDITORIAL NOTES

REFERENCES IN TEXTExecutive 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.

Sovereignty Council: The term "Sovereignty Council" means the governing body of Sudan during the transitional period that consists of-(A) 5 civilians selected by the Forces of Freedom and Change;(B) 5 members selected by the Transitional Military Council; and(C) 1 member selected by agreement between the Forces of Freedom and Change and the Transitional Military Council.
Sudanese security and intelligence services: The term "Sudanese security and intelligence services" means-(A) the Sudan Armed Forces;(B) the Rapid Support Forces,1(C) Sudan's Popular Defense Forces and other paramilitary units;(D) Sudan's police forces;(E) the General Intelligence Service, previously known as the National Intelligence and Security Services; and(F) related entities, such as Sudan's Military Industry Corporation.
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.
transitional period: The term "transitional period" means the 39-month period beginning on August 17, 2019 (the date of the signing of Sudan's constitutional charter), during which-(A) the members of the Sovereignty Council described in paragraph (3)(B) select a chair of the Council for the first 21 months of the period; and(B) the members of the Sovereignty Council described in paragraph (3)(A) select a chair of the Council for the remaining 18 months of the period.1So in original. The comma probably should be a semicolon.