Sec. 12. Authorization of imposition of sanctions with respect to certain Government of Sudan officials and other individuals

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The President shall impose the sanctions described in subsection

(b)with respect to any senior official of the Government of Sudan and any other foreign person that the President determines, on or after the date of enactment of this Act— is knowingly responsible for, complicit in, or has directly or indirectly engaged in— significant actions or policies that threaten the peace, security, or stability of Sudan, including through the use of armed groups; significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the civil and political rights of the Sudanese people and the political transition in Sudan; corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; serious human rights abuses that may include the targeting of civilians through the commission of acts of violence, abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or a violation of international humanitarian law; or illicit exploitation of natural resources in Sudan; is a leader of an entity that has, or whose members have, engaged in any activity described in subparagraphs

(A)through

(E)of paragraph (1); has materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services to or in support of— any activity described in paragraph (1); or any person whose property and interests in property are blocked pursuant to Executive Order 13400 (2006); or is owned or controlled by, or has acted or purported to act for or on behalf of, any other person whose property and interests in property are blocked pursuant to— subsection (b)(1); or Executive Order 13400 (2006). The sanctions to be imposed with respect to any foreign person described in subsection

(a)are the following: The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property— are in the United States; come within the United States; or come within the possession or control of a United States person. The foreign person is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). The visa or other entry documentation of the foreign person shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. Sanctions under subsection (b)(2) shall not apply with respect to a foreign person described in subsection

(a)if admitting or paroling the foreign person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section. Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out paragraph

(1)shall be subject to the penalties set forth in subsections

(b)and

(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection

(a)of that section. The President may waive the application of sanctions imposed with respect to a foreign person pursuant to subsection

(a)if the President— determines that a waiver is in the national interest of the United States; and not later than the date on which such waiver will take effect, submits a notice of and justification for such waiver to the appropriate congressional committees. The authority to impose sanctions under this section shall terminate on the date that is the earlier of 3 years after the date of the enactment of this Act or the date on which the President determines and certifies to the appropriate congressional committees that the Government of Sudan— has held free, fair, and credible general elections in accordance with the 2019 constitutional charter for the transitional period and a democratically elected head of state has been sworn in and taken office; is making significant progress towards respecting the freedoms of religion, speech, press, assembly, and association as described in the 2019 constitutional charter for the transitional period and toward holding free, fair, and credible elections by the end of the transitional period; is compliant with international norms and standards concerning the transparent allocation and disbursement of government directed funds; respects the right to freedom of religion, speech, press, assembly, and association for all Sudanese citizens; has ceased attacks on civilians, including through the use of militias; has negotiated in good faith to reach formal peace agreements with armed movements that had been in conflict with the Government of Sudan; and has ceased any material support or assistance to groups associated or linked to international terrorism. The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods. In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. The following activities shall be exempt from sanctions under this section: Activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.). Any authorized intelligence or law enforcement activities of the United States. In this section: The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1001 ). The term appropriate congressional committees means— the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term foreign person means a person that is not a United States person. The term knowingly means, with respect to conduct, a circumstance, or a result, that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term United States person means— a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or any person in the United States.

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