Page:United States Statutes at Large Volume 120.djvu/1901

 120 STAT. 1870

PUBLIC LAW 109–344—OCT. 13, 2006 (ii) any successor government formed on or after the date of the enactment of this Act (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and (B) does not include the regional government of Southern Sudan. (6) OFFICIALS OF THE GOVERNMENT OF SUDAN.—The term ‘‘official of the Government of Sudan’’ does not include any individual— (A) who was not a member of such government before July 1, 2005; or (B) who is a member of the regional government of Southern Sudan. (7) SPLM/A.—The term ‘‘SPLM/A’’ means the Sudan People’s Liberation Movement/Army.

50 USC 1701 note.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

SEC. 3. FINDINGS.

Congress makes the following findings: (1) On July 23, 2004, Congress declared, ‘‘the atrocities unfolding in Darfur, Sudan, are genocide’’. (2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ‘‘genocide has occurred and may still be occurring in Darfur’’, and ‘‘the Government of Sudan and the Janjaweed bear responsibility’’. (3) On September 21, 2004, in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated,‘‘[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide’’. (4) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provision of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed. (5) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556 (2004), calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan’s petroleum sector or individual members of the Government of Sudan. (6) The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Secretary-General on January 25, 2005, established that the ‘‘Government of

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