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Week Ending February 9, 2006

Presidential Memorandum of January 25, 2007 delegation of authority to the Secretary of State regarding genocide in Darfur Region of Sudan, Africa

<< Click flag for map and country data, Sudan

The President delegates to the Secretary of State several authorities given him in the Darfur Pease and Accountability Act of 2006.

Delegated is the authority to provide the African Union Mission in Sudan (something of an African-based UN-type force) a variety of support for AMIS’ current mission to protect civilians in Darfur from death by the Sudan government backed militias that have been operating in the area for five years now and causing the displacement of millions and the murder of hundreds of thousands in that time.

The Secretary of State is authorized to provide “assistance for any expansion of the mandate, size, strength and capacity to protect civilians and humanitarian operations in order to help stabilize the region and dissuade and deter air attacks directed against civilians and humanitarian workers.”

The Secretary may also provide assistance in the areas of “logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance and intelligence.”

The assistance authorized may only be used in the Darfur region and only after AMIS has agreed not to transfer title to or possession of any such assistance to anyone who is not an officer, employee or agent of AMIS. The assistance is not permitted to be used for any purpose other than the reason the assistance is given. If the Secretary consents to dispersing the assistance to anyone other than AMIS and those qualified in AMIS to receive it she must notify Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives with details.

The Secretary is prohibited from offering assistance “… (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005)”. The Secretary may waive that requirement if she thinks it is in the interest of national security.

Other elements of the provision that were not delegated to the Secretary of State are the authority given to the president to deny Sudan military aid and any oil revenues to include blocking reception of oil tankers from Sudan at US ports until the “Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons.”

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SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE

IN DARFUR.

(a) PRESIDENTIAL ASSISTANCE TO SUPPORT AMIS.—Subject to subsection (b) and notwithstanding any other provision of law, the President is authorized to provide AMIS with—

(1) assistance for any expansion of the mandate, size, strength, and capacity to protect civilians and  humanitarian  operations in order to help stabilize the Darfur region of Sudan and dissuade and deter air attacks directed against civilians and humanitarian workers; and

(2) assistance in the areas of logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance, and intelligence.

(b) CONDITIONS.—

(1) IN GENERAL.—Assistance provided under subsection

(a)—

(A) shall be used only in the Darfur region; and (B) shall not be provided until AMIS has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of AMIS (or subsequent United Nations peacekeeping operation), and not to use or to permit the use of such assistance for any purposes other than those for which such assistance was furnished, unless the consent of the President has first been obtained, and written assurances reflecting all 50 USC 1701

note.

Effective date. of the forgoing have been obtained from AMIS by the President.

(2) CONSENT.—If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of AMIS (or subsequent United Nations peacekeeping operation),

or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act

of 1961 (22 U.S.C. 2394–1).

(c) NATO ASSISTANCE TO SUPPORT AMIS.—It is the sense of Congress that the President should continue to instruct the United States Permanent Representative to the North Atlantic Treaty Organization (referred to in this section as ‘‘NATO’’) to use the voice, vote, and influence of the United States at NATO

to—

(1) advocate NATO reinforcement of the AMIS and its orderly transition to a United Nations peacekeeping operation, as appropriate;

(2) provide assets to help dissuade and deter air strikes directed against civilians and humanitarian workers in the Darfur region of Sudan; and

(3) provide other logistical, transportation, communications, training, technical assistance, command and control, aerial surveillance, and intelligence support.

(d) RULE OF CONSTRUCTION.—Nothing in this Act, or any amendment made by this Act, shall be construed as a provision described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution

(Public Law 93–148; 50 U.S.C. 1544(b), 1546(a)(1)).

(e) DENIAL OF ENTRY AT UNITED STATES PORTS TO CERTAIN

CARGO SHIPS OR OIL TANKERS.—

(1) IN GENERAL.—The President should take all necessary and appropriate steps to deny the Government of Sudan access to oil revenues, including by prohibiting entry at United States ports to cargo ships or oil tankers engaged in business or trade activities in the oil sector of Sudan or involved in the shipment of goods for use by the armed forces of Sudan until such time as the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize  the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow

for the safe and voluntary return of refugees and internally displaced persons.

(2) EXCEPTION.—Paragraph (1) shall not apply with respect to cargo ships or oil tankers involved in—

(A) an internationally-recognized demobilization program; (B) the shipment of non-lethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or (C) the shipment of military assistance necessary to carry out elements of an agreement referred to in subparagraph (B) if the President has made the determination set forth in section 8(c)(2).

VerDate 14-DEC-2004 13:32 Oct 23, 2006 Jkt 059139 PO 00344 Frm 00009 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL344.109 APPS06 PsN: PUBL344

120 STAT. 1878 PUBLIC LAW 109–344—OCT. 13, 2006

(f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN VIOLATION

OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS 1556 AND

1591.—

(1) PROHIBITION.—Amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not be used to provide assistance (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan

imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005).

(2) WAIVER.—The President may waive the application of paragraph (1) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States.

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