Pub. L. 111-8, div. H, tit. VII, sec. 7070

africa

EnactedYear: 2009Length: 917 wordsOfficial source
africaSec. 7070. (a) Expanded International Military Education and Training.—(1) Funds appropriated under the heading “International Military Education and Training” in this Act that are made available for assistance for Angola, Cameroon, Central African Republic, Chad, Cote D’Ivoire, and Guinea may be made available only for expanded international military education and training.(2) None of the funds appropriated under the heading “International Military Education and Training” in this Act may be made available for assistance for Equatorial Guinea. (b)(1) Sudan Limitation on Assistance.—Subject to subsection (2):(A) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan.(B) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the 123 STAT. 901 cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.(2) Subsection (b)(1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that:(A) The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the Janjaweed and other government-supported militias.(B) The Government of Sudan and all government-supported militia groups are honoring their commitments made in all previous cease-fire agreements.(C) The Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United Nations, including protection officers, and an international monitoring team that is based in Darfur and has the support of the United States.(3) Exceptions.—The provisions of subsection (b)(1) shall not apply to—(A) humanitarian assistance;(B) assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and(C) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace agreement in Sudan.(4) Definitions.—For the purposes of this Act, the term “Government of Sudan” shall not include the Government of Southern Sudan.(5) Notwithstanding any other law, assistance in this Act may be made available to the Government of Southern Sudan to provide non-lethal military assistance, military education and training, and defense services controlled under the International Traffic in Arms Regulations (22 CRF 120.1 et seq.) if the Secretary of State—(A) determines that the provision of such items is in the national interest of the United States; and(B) not later than 15 days before the provision of any such assistance, notifies the Committees on Appropriations of such determination.(c) Horn of Africa and Pan Sahel Program.—Funds appropriated under the heading “Economic Support Fund” in this Act that are made available for programs and activities to counter extremism in the Horn of Africa and the Pan Sahel region of Africa, shall be administered by the United States Agency for International Development, and are in addition to funds otherwise made available for such purposes.(d) War Crimes in Africa.—(1) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner.(2) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance for the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, 123 STAT. 902 if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of this Act: Provided further, That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner.(3) The prohibition in subsection (2) may be waived on a country-by-country basis if the President determines that doing so is in the national security interest of the United States: Provided, That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on—(A) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to the court of jurisdiction;(B) a strategy, including a timeline, for bringing the indictee before such court; and(C) the justification for exercising the waiver authority.(e) Zimbabwe.—(1) The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and a transition government has been established that reflects the will of the people as they voted in the March 2008 elections.(2) None of the funds appropriated by this Act shall be made available for assistance for the central government of Zimbabwe unless the Secretary of State makes the determination pursuant to subsection (e)(1).
Pub. L. 111-8, div. H, tit. VII, sec. 7070: africa | Justis AI