USA's Sanctions Law On Zimbabwe (ZDERA) Of 2001 {Full Text}

PUBLIC LAW 107–99—DEC. 21, 2001 

ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001 

115 STAT. 962 PUBLIC LAW 107–99—DEC. 21, 2001 

Public Law 107–99 107th Congress 

An Act 

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Dec. 21, 2001 

To provide for a transition to democracy and to promote economic recovery in [S. 494] 

Zimbabwe. 

Be it enacted by the Senate and House of Representatives of Zimbabwe the United States of America in Congress assembled, Democracy and Economic Recovery Act of 2001. 22 USC 2151 note. 

SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Zimbabwe Democracy and Economic Recovery Act of 2001’’. 

SEC. 2. STATEMENT OF POLICY. It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. 

SEC. 3. DEFINITIONS. 

In this Act: (1) INTERNATIONAL FINANCIAL INSTITUTIONS.—The term ‘‘international financial institutions’’ means the multilateral development banks and the International Monetary Fund. (2) MULTILATERAL DEVELOPMENT BANKS.—The term ‘‘multilateral development banks’’ means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. 

SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 

RECOVERY. (a) FINDINGS.—Congress makes the following findings: (1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe’s economy.

The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States. 

115 STAT. 963 PUBLIC LAW 107–99—DEC. 21, 2001 

(2) In September 1999 the IMF suspended its support under a ‘‘Stand By Arrangement’’, approved the previous month, for economic adjustment and reform in Zimbabwe.

(3) In October 1999, the International Development Association (in this section referred to as the ‘‘IDA’’) suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe.

(4) In May 2000, the IDA suspended all other new lendings to the Government of Zimbabwe.

(5) In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe. (b) SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.—

(1) BILATERAL DEBT RELIEF.—Upon receipt by the appro- priate congressional committees of a certification described in subsection (d), the Secretary of the Treasury shall undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government.

(2) MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL ASSISTANCE.—It is the sense of Congress that, upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury should—

(A) direct the United States executive director of each multilateral development bank to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank; and

(B) direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe’s economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe’s democratic institutions.

(c) MULTILATERAL FINANCING RESTRICTION.—Until the President makes the certification described in subsection (d), and except as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose and vote against—

(1) any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or

(2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution.

(d) PRESIDENTIAL CERTIFICATION THAT CERTAIN CONDITIONS ARE SATISFIED.—A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that the following conditions are satisfied:

(1) RESTORATION OF THE RULE OF LAW.—The rule of law has been restored in Zimbabwe, including respect for ownership and title to the property, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, 

115 STAT. 964 PUBLIC LAW 107–99—DEC. 21, 2001 

condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities. (2) ELECTION OR PRE–ELECTION CONDITIONS.—Either of the following two conditions is satisfied:

(A) PRESIDENTIAL ELECTION.—Zimbabwe has held a presidential election that is widely accepted as free and fair by independent international monitors, and the president-elect is free to assume the duties of the office.

(B) PRE–ELECTION CONDITIONS.—In the event the certification is made before the presidential election takes place, the Government of Zimbabwe has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association.

(3) COMMITMENT TO EQUITABLE, LEGAL, AND TRANSPARENT LAND REFORM.—The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program consistent with agreements reached the International Donors’ Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, on September 1998.

(4) Fulfilment OF AGREEMENT ENDING WAR IN DEMOCRATIC REPUBLIC OF CONGO.—The Government of Zimbabwe is making a good faith effort to fulfil the terms of the Lusaka, Zambia, agreement on ending the war in the Democratic Republic of Congo.

(5) MILITARY AND NATIONAL POLICE SUBORDINATE TO CIVILIAN GOVERNMENT.—The Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces are responsible to and serve the elected civilian government.

(e) WAIVER.—The President may waive the provisions of subsection (b)(1) or subsection (c) if the President determines that it is in the national interest of the United States to do so. 

SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW. (a) IN GENERAL.—The President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to— (1) support an independent and free press and electronic media in Zimbabwe; (2) support equitable, legal, and transparent mechanisms of land reform in Zimbabwe, including the payment of costs related to the acquisition of land and the resettlement of individuals, consistent with the International Donors’ Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, on September 1998, or any subsequent agreement relating thereto; and (3) provide for democracy and governance programs in Zimbabwe.

(b) FUNDING.—Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for the fiscal year 2002— (1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and (2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3). 

115 PUBLIC LAW 107–99—DEC. 21, 2001 STAT. 965 (c) SUPERSEDES OTHER LAWS.—The authority in this section supersedes any other provision of law. 

SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE. It is the sense of Congress that the President should begin immediate member states, consultation Canada, with and the other governments appropriate of foreign European countries Union on ways in which to— responsible

(1) identify for the and deliberate share information breakdown regarding of the rule individuals of law, politically motivated violence, and intimidation in Zimbabwe; Zimbabwe; (2) identify assets of those individuals held outside (3) implement travel and economic sanctions against those individuals (4) provide and for their the associates eventual and removal families; or amendment and of those sanctions. 

Approved December 21, 2001. 

LEGISLATIVE HISTORY—S. 494: HOUSE REPORTS: No. 107–312, Pt. 1 (Comm. on International Relations). CONGRESSIONAL RECORD, Vol. 147 (2001): Aug. 1, considered and passed Senate. Dec. 4, considered and passed House, amended. Dec. 11, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Dec. 21, Presidential statement.