Page:United States Statutes at Large Volume 123.djvu/921

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123STA T .90 1 PUBLIC LA W 111 –8—M A R .11 , 2009 cost o f s el l ing,r e du cing, or c a nceling a m ounts o w edtot h e U nited S tates, and modif y ing concessional loans, guarantees, and credit agreements .(2) Su b section (b)( 1 ) shall not a p ply if the Secretary of State determines and certifies to the C ommittees on A ppropriations that

(A) T he G o v ernment of Sudan honors its pledges to cease attac k s upon civilians and disarms and demobili z es the J an j aweed and other government - supported militias. ( B ) The Government of Sudan and all government-sup- ported militia groups are honoring their commitments made in all previous cease-fire agreements. (C) The Government of Sudan is allowing unimpeded access to D arfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United N ations, 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 K ordofan / Nuba M ountains State, Blue Nile State, and Abyei; and (C) assistance to support implementation of the Com- prehensive P eace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace agreement in Sudan. ( 4 )DE F INITIONS.— F or 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 I nternational Traffic in Arms R egulations (22 CRF 12 0 .1etse q .) 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) H O R N OF AFRIC A AN D PAN SA H E L PRO G RA M .—Funds appro- priated under the heading ‘‘Economic Support Fund’’ in this Act that are made available for programs and activities to counter e x tremism 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) W AR 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 L eone (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, Det e rmina ti o n .R e p ort s . Dea dl ine. N oti f i c ation. Determination. Determination. C ertification.