[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3199 Reported in Senate (RS)]
<DOC>
Calendar No. 336
117th CONGRESS
2d Session
S. 3199
To promote peace and democracy in Ethiopia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 4, 2021
Mr. Menendez (for himself, Mr. Risch, Mr. Coons, and Mr. Tillis)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
April 6, 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To promote peace and democracy in Ethiopia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Ethiopia Peace and
Democracy Promotion Act of 2021''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of State.</DELETED>
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The United States and the Federal Democratic
Republic of Ethiopia share an important relationship and more
than a century of diplomatic relations.</DELETED>
<DELETED> (2) Ethiopia is the second most populous country
in Africa and plays a key role in advancing security and
stability across sub-Saharan Africa, including as a top
contributor of uniformed personnel to United Nations
peacekeeping missions and as host country to the African
Union.</DELETED>
<DELETED> (3) Amid proliferating popular protests in 2018,
against decades of authoritarian rule, Ethiopia's governing
Ethiopian People's Revolutionary Democratic Front (EPRDF)
selected Abiy Ahmed as Prime Minister, who upon taking office
embarked on a program of political and economic reform that was
soon encumbered by widespread inter-communal conflict,
political assassinations, and democratic backsliding.</DELETED>
<DELETED> (4) Tensions between Prime Minister Abiy Ahmed and
the leadership of the Tigray People's Liberation Front (TPLF),
who, until 2019, were EPRDF coalition partners, deteriorated
significantly throughout 2019-2020, with the EPRDF's
transformation into the Prosperity Party (PP), the Federal
Government of Ethiopia's postponement of the 2020 elections,
and the TPLF's decision to hold elections in Tigray Regional
State of Ethiopia despite Federal objections, all serving as
major catalysts.</DELETED>
<DELETED> (5) In the early hours of November 4, 2020, Prime
Minister Abiy ordered a military offensive in response to an
attack by the TPLF on the Northern Command of the Ethiopian
National Defense Forces (ENDF), which TPLF officials have
asserted was an act of self-defense in the face of an imminent
invasion by Federal forces.</DELETED>
<DELETED> (6) Throughout November 2020, hostilities between
the ENDF and forces loyal to the TPLF evolved into a large-
scale armed conflict that also involved the Eritrean Defense
Forces (EDF) and Amhara regional forces and militia fighting in
support of the Federal Government.</DELETED>
<DELETED> (7) Despite repeated calls from the United States
and its international partners for a full and verifiable
Eritrean withdrawal from Ethiopia, which date back to November
2020, Eritrean forces remain in Ethiopia.</DELETED>
<DELETED> (8) Fighting between TPLF aligned forces and the
ENDF and its allies persists in parts of Tigray, and has spread
to Amhara and Afar, and is estimated to have resulted in the
deaths of tens of thousands of individuals, prompted more than
61,000 Ethiopians to seek refuge in Sudan, and internally
displaced over 2,000,000.</DELETED>
<DELETED> (9) The war has disrupted harvests, livelihoods,
markets, and banking, and critical public infrastructure was
systematically looted and destroyed during the course of the
conflict, including health centers and schools, with the
majority of the reports implicating the ENDF, the EDF, and
allied militia. Supply chains and food were allegedly looted by
ENDF, EDF, and allied militia, which collectively contributed
to conditions that have resulted in 400,000-900,000 Ethiopians
living in famine-like conditions and a further 1,800,000 close
to that threshold, according to an analysis issued in June
2021.</DELETED>
<DELETED> (10) Interruptions in electricity, internet, and
telephone services imposed by the Federal Government of
Ethiopia continue to hamper humanitarian relief efforts and
enable impunity from armed actors on all sides of the conflict
by restricting the flow of information about human rights and
humanitarian conditions in the region.</DELETED>
<DELETED> (11) Despite repeated assurances from the Federal
Government of Ethiopia that it would allow unfettered
humanitarian access to Tigray, it continues to impose wide-
ranging bureaucratic obstacles that impede the relief efforts
of international humanitarian organizations, and encourage and
deploy hostile rhetoric toward international humanitarian
organizations that endanger the safety and security of their
staff on the ground.</DELETED>
<DELETED> (12) Twenty-three aid workers have been killed in
the course of the conflict in northern Ethiopia, including an
aid worker employed by a United States Agency for International
Development implementing partner, who was reportedly executed
by Ethiopian and Eritrean forces in May 2021, and 3 Doctors
Without Borders employees in June 2021, by unknown armed
actors.</DELETED>
<DELETED> (13) Parties to the conflict in northern Ethiopia
have been accused of extra-judicial killings, rape, and ethnic
cleansing that may amount to war crimes, crimes against
humanity, and genocide.</DELETED>
<DELETED> (14) Two Eritrean refugee camps in Tigray,
Shimelba and Hitsats, were attacked and destroyed by armed
actors in November 2020 through January 2021, and refugees
subjected to killings, abductions, and forced
returns.</DELETED>
<DELETED> (15) As of October 31, 2021, total United States
Government humanitarian assistance in fiscal years 2020 and
2021 for the northern Ethiopia crisis response totaled
$617,387,662, making it the single largest donor of
humanitarian aid to the humanitarian crisis in northern
Ethiopia since the conflict began.</DELETED>
<DELETED> (16) In July 2021, TPLF aligned forces launched
military operations into some occupied portions neighboring
Amhara and Afar regions, displacing hundreds of thousands of
Amhara and Afar civilians, and giving rise to allegations of
serious abuses by Tigrayan forces against civilians in those
two regions, as well as against Eritrean refugees residing in
the Mai Aini and Adi Harush camps.</DELETED>
<DELETED> (17) The TPLF's July 2021 offensive was followed
by reports of escalating abuses against Tigrayan civilians in
various parts of Ethiopia and the alleged killing of Tigrayans
in Humera, all of which occur within a context of incendiary
and ethnicized public statements from Ethiopian officials and
media platforms.</DELETED>
<DELETED> (18) The Federal Government of Ethiopia responded
to TPLF offensives in July through August 2021 by pursuing mass
military mobilization, including the mobilization of regional
special forces and ethnic militia from various parts of the
country, in an effort to thwart and roll back TPLF
operations.</DELETED>
<DELETED> (19) In August 2021, officials from the TPLF and
Oromo Liberation Army (OLA), a rebel group engaged in armed
struggle primarily in the Oromia region, publicly confirmed
they had entered an alliance designed to coordinate their
military operations against the Federal Government of Ethiopia,
developments which occurred against the backdrop of TPLF
advances in Amhara region and increased OLA activity in
Oromia.</DELETED>
<DELETED> (20) In September 2021, the Federal Government of
Ethiopia announced it was expelling seven senior United Nations
officials, and in October 2021 commenced an air offensive on
the Tigrayan capital, Mekele, which has further exacerbated the
inability of international aid organizations to deliver
food.</DELETED>
<DELETED> (21) In October, state-owned Ethiopia Television
reported that Prime Minister Abiy stated that, ``[i]f we make
sure that this thing called wheat [food aid] does not enter
Ethiopia, 70 per cent of Ethiopia's problems will be solved,''
implying that he may stop the delivery of international food
aid altogether.</DELETED>
<DELETED> (22) In October 2021, a United Nations
Humanitarian Air Services flight that had been cleared by
Federal authorities to land in Mekelle to deliver food aid was
forced to abort landing due to air raids, threatening the lives
of 11 United Nations and non-governmental staff on
board.</DELETED>
<DELETED> (23) In the wake of military advances by the
Tigray Defense Forces in late October 2021, Prime Minister Abiy
urged citizens to take up arms to defend themselves, and on
November 2, 2021, Ethiopia declared a 6-month state of
emergency.</DELETED>
<DELETED> (24) On November 3, 2021, the Office of the High
Commissioner for Human Rights released the Joint Investigation
into Alleged Violations of International Human Rights,
Humanitarian and Refugee Law Committed by all Parties to the
Conflict in the Tigray Region of the Federal Democratic
Republic of Ethiopia, which found that ``attacks on civilians
and civilian objects, as well as indiscriminate attacks by
ENDF, EDF, and TSF Tigray Special Forces] in violation of
international humanitarian law . . . may amount to war
crimes,'' and that ``these groups and affiliated militia
committed acts in violation of international human rights law
and international humanitarian law''.</DELETED>
<DELETED> (25) The escalating conflict between the Federal
Government of Ethiopia and its allies and the TPLF and OLA
occurs in the context of a broader deterioration of political
conditions across the country, including persistent inter-
communal violence, expanding repression against journalists,
opposition parties, and dissident voices, and highly
contentious national elections conducted in June to July 2021
that did not meet internationally accepted standards.</DELETED>
<DELETED> (26) Ethiopia's crisis is nested within a complex
regional environment, the most important dimensions of which
are three-way tensions between Ethiopia, Egypt, and Sudan over
the Grand Ethiopian Renaissance Dam border tensions between
Sudan and Ethiopia over Al Fashaga, Eritrea's muscular regional
engagement, and increasing geopolitical competition in the Horn
of Africa that involves the Gulf, Turkey, Iran, Russia, and the
People's Republic of China.</DELETED>
<DELETED> (27) Working in conjunction with its international
partners, the United States has consistently called for a
political solution to the crisis, unfettered humanitarian
access, an end to human rights violations, full accountability
for all atrocities committed during the course of hostilities,
and a broader all-inclusive national dialogue, and has taken a
number of actions to encourage and incentivize a peaceful
resolution to the conflict in Ethiopia, including reductions in
development and security assistance, visa sanctions, and high-
level diplomatic engagement.</DELETED>
<DELETED> (28) On September 17, 2021, President Joseph R.
Biden signed Executive Order No. 14046 ``Imposing Sanctions on
Certain Persons With Respect to the Humanitarian and Human
Rights Crisis in Ethiopia,'' which authorizes the United States
to target parties responsible for or complicit in actions or
policies that prolong the conflict in northern Ethiopia, and
those that commit human rights abuses, or obstruct humanitarian
access and a ceasefire with respect to the conflict.</DELETED>
<DELETED> (29) The Federal Government of Ethiopia has
rejected all offers to facilitate a diplomatic solution to the
conflict, including those extended by African Union Chairman
Cyril Ramaphosa in November 2020, and Intergovernmental
Authorities on Development (IGAD) Chairman Abdalla Hamdok in
August 2021, to mediate talks with the TPLF.</DELETED>
<DELETED>SEC. 4. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to support a
peaceful, democratic unified Ethiopia, and to use all diplomatic,
development, and legal tools to support an end to the conflict that
began in northern Ethiopia, an end to violence throughout Ethiopia, the
promotion of an all-inclusive national dialogue, and the advancement of
the human, civil, and political rights of all Ethiopians.</DELETED>
<DELETED>SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN
ETHIOPIA.</DELETED>
<DELETED> (a) In General.--The Secretary, in consultation with the
Administrator of the United States Agency for International
Development, shall develop and implement a strategy for supporting
democracy and human rights in Ethiopia that includes a description and
justification of--</DELETED>
<DELETED> (1) plans to support civil society efforts related
to expanding citizen participation and political
space;</DELETED>
<DELETED> (2) plans to support all-inclusive national
dialogue in Ethiopia;</DELETED>
<DELETED> (3) plans to support justice and accountability
mechanisms for abuses and atrocities committed in the course of
the conflict;</DELETED>
<DELETED> (4) plans to combat hate speech and disinformation
in Ethiopia;</DELETED>
<DELETED> (5) current and planned democracy and governance
support to government institutions in Ethiopia; and</DELETED>
<DELETED> (6)(A) results of the most recent impact
evaluation of these activities; and</DELETED>
<DELETED> (B) plans for applying lessons learned from such
evaluations.</DELETED>
<DELETED> (b) Report to Congress.--Not less than 180 days after the
date of the enactment of this Act, the Secretary shall submit the
strategy required in subsection (a) to the appropriate congressional
committees.</DELETED>
<DELETED>SEC. 6. SUPPORT FOR CONFLICT RESOLUTION, MITIGATION AND
MANAGEMENT, AND RECONCILIATION.</DELETED>
<DELETED> (a) Conflict Resolution.--The President is authorized to
provide financial, technical, and diplomatic support for--</DELETED>
<DELETED> (1) efforts by the African Union or other credible
entities engaged in efforts to help bring about a peaceful
resolution to the conflict in northern Ethiopia; and</DELETED>
<DELETED> (2) efforts by civil society, especially those
from marginalized communities, women, and youth, to participate
and engage in peacebuilding, mediation, and community
reconciliation.</DELETED>
<DELETED> (b) Conflict Mitigation and Reconciliation.--The
Administrator of the United States Agency for International Development
shall develop and implement a strategy, coordinated with the Secretary
as relevant, to support conflict mitigation and management, and
reconciliation and trauma healing for conflict affected groups in
Ethiopia that includes--</DELETED>
<DELETED> (1) an analysis of the drivers of conflict in
Ethiopia;</DELETED>
<DELETED> (2) a comprehensive plan to mitigate and manage
conflict;</DELETED>
<DELETED> (3) an emphasis on community-led grass roots
reconciliation;</DELETED>
<DELETED> (4) specific steps the Agency will take to ensure
the participation of traditionally marginalized communities and
ethnic groups, women, and youth;</DELETED>
<DELETED> (5) plans to ensure that all assistance programs
that are directly aimed at benefitting the Ethiopian people or
building the capacity of civil society to incorporate, to the
extent practicable, community-based conflict mitigation and
management, violence prevention, peacebuilding interventions,
reconciliation activities, psychosocial support, and trauma
healing;</DELETED>
<DELETED> (6) a clear statement of--</DELETED>
<DELETED> (A) the goals and expected outcomes of the
strategy; and</DELETED>
<DELETED> (B) the means through which progress
towards those goals will be met including through
regular rigorous evaluations; and</DELETED>
<DELETED> (7) plans for updating and revising the current
Country Development Cooperation Strategy to include elements of
the strategy required under this subsection.</DELETED>
<DELETED> (c) Submission.--The strategy required under subsection
(b) shall be submitted to the appropriate congressional committees not
later than 90 days after the date of the enactment of this
Act.</DELETED>
<DELETED>SEC. 7. ACTIONS IN SUPPORT OF PEACE AND STABILITY IN
ETHIOPIA.</DELETED>
<DELETED> (a) Sanctions for Actions Undermining Transition to
Democracy.--</DELETED>
<DELETED> (1) In general.--The President shall impose the
sanctions described in paragraph (2) with respect to any
foreign person that the President determines--</DELETED>
<DELETED> (A) undermines efforts with respect to a
peaceful negotiated settlement to end hostilities in
northern Ethiopia;</DELETED>
<DELETED> (B) through business dealings with senior
leadership of the Government of Ethiopia or the
Government of Eritrea, the Tigray People's Liberation
Front, or other parties to the conflict in and around
northern Ethiopia, derives significant financial
benefit or political power from policies or actions,
including electoral fraud, human rights abuses, or
corruption, that contribute to the conflict or impede a
transition to democracy in Ethiopia;</DELETED>
<DELETED> (C) provides to any party involved in
hostilities in Ethiopia--</DELETED>
<DELETED> (i) weapon systems, such as
firearms, unmanned aerial systems, helicopters,
munitions used by such unmanned aerial systems
or helicopters, battle tanks, armored combat
vehicles, or munitions for such tanks and
vehicles, missiles or missile systems; armed
vehicles; or</DELETED>
<DELETED> (ii) support for such systems,
such as ammunition, spare parts, pilots or
other operators; or</DELETED>
<DELETED> (D) knowingly facilitates or finances the
sale, operation, or transfer of weapons to any party
involved in hostilities in Ethiopia.</DELETED>
<DELETED> (2) Sanctions described.--The sanctions to be
imposed under paragraph (1) with respect to a foreign person
are the following:</DELETED>
<DELETED> (A) Property blocking.--The exercise of
all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in all 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 are or come within the
possession or control of a United States
person.</DELETED>
<DELETED> (B) Aliens inadmissible for visas,
admission, or parole.--</DELETED>
<DELETED> (i) Visas, admission, or parole.--
An alien described in paragraph (1) is--
</DELETED>
<DELETED> (I) inadmissible to the
United States;</DELETED>
<DELETED> (II) ineligible to receive
a visa or other documentation to enter
the United States; and</DELETED>
<DELETED> (III) 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.).</DELETED>
<DELETED> (ii) Current visas revoked.--
</DELETED>
<DELETED> (I) In general.--The visa
or other entry documentation of an
alien described in paragraph (1) shall
be revoked, regardless of when such
visa or other entry documentation is or
was issued.</DELETED>
<DELETED> (II) Immediate effect.--A
revocation under subclause (I) shall--
</DELETED>
<DELETED> (aa) take effect
immediately; and</DELETED>
<DELETED> (bb) automatically
cancel any other valid visa or
entry documentation that is in
the alien's
possession.</DELETED>
<DELETED> (3) Exceptions.--</DELETED>
<DELETED> (A) Exception relating to importation of
goods.--</DELETED>
<DELETED> (i) In general.--The authority or
a requirement to impose sanctions under this
section shall not include the authority or a
requirement to impose sanctions on the
importation of goods.</DELETED>
<DELETED> (ii) Good defined.--In this
subparagraph, the term ``good'' means any
article, natural or manmade substance,
material, supply, or manufactured product,
including inspection and test equipment, and
excluding technical data.</DELETED>
<DELETED> (B) Exception to comply with united
nations headquarters agreement and law enforcement
objectives.--Sanctions under paragraph (2)(B) shall not
apply to an alien if admitting the alien into the
United States--</DELETED>
<DELETED> (i) is necessary to permit the
United States to comply with the Agreement
regarding the Headquarters of the United
Nations, signed at Lake Success on June 26,
1947, and entered into force November 21, 1947,
between the United Nations and the United
States, or other applicable international
obligations of the United States; or</DELETED>
<DELETED> (ii) would further important law
enforcement objectives.</DELETED>
<DELETED> (4) Implementation; penalties.--</DELETED>
<DELETED> (A) Implementation.--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
subsection.</DELETED>
<DELETED> (B) Penalties relating to property
blocking.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of
subparagraph (A) of paragraph (2) or any regulation,
license, or order issued to carry out either such
subparagraph 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.</DELETED>
<DELETED> (5) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the
meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C.
1101).</DELETED>
<DELETED> (B) Foreign person.--The term ``foreign
person'' means a person that is not a United States
person.</DELETED>
<DELETED> (C) Knowingly.--The term ``knowingly'',
with respect to conduct, a circumstance, or a result,
means that a person has actual knowledge, or should
have known, of the conduct, the circumstance, or the
result.</DELETED>
<DELETED> (D) United states person.--The term
``United States person'' means--</DELETED>
<DELETED> (i) 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; or</DELETED>
<DELETED> (ii) 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.</DELETED>
<DELETED> (b) Limitations on Export of Defense and Dual-Use Items to
Ethiopia and Eritrea.--</DELETED>
<DELETED> (1) Dual-use items.--A license shall be required
under section 1754(c)(1)(A) of the Export Control Reform Act of
2018 (50 U.S.C. 4813(c)(1)(A)) for the export, reexport, or in-
country transfer to Ethiopia or Eritrea of items described in
clause (ii) of that section.</DELETED>
<DELETED> (2) Defense items.--No license may be issued for
the export to Ethiopia or Eritrea of any item on the United
States Munitions List under section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)) on January 1,
2016.</DELETED>
<DELETED> (c) Prohibition and Suspension of Certain Assistance to
Ethiopia.--</DELETED>
<DELETED> (1) Support by united states international
development finance corporation.--The United States
International Development Finance Corporation may not provide
support under title II of the Better Utilization of Investments
Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.) for
projects in Ethiopia.</DELETED>
<DELETED> (2) Termination.--The prohibition under paragraph
(1) shall not apply on or after the date that is 30 days after
the Secretary of State determines and certifies to the
appropriate congressional committees that the Government of
Ethiopia and its proxies and allies have--</DELETED>
<DELETED> (A) ceased all offensive military
operations in northern Ethiopia;</DELETED>
<DELETED> (B) taken steps toward a genuine political
dialogue to achieve an end to the conflict;</DELETED>
<DELETED> (C) implemented measures to better protect
human rights and ensure adherence to international
humanitarian law and international human rights
law;</DELETED>
<DELETED> (D) continuously allowed unfettered
humanitarian access; and</DELETED>
<DELETED> (E) cooperated with independent
investigations of credible allegations of war crimes,
crimes against humanity, and other human rights abuses
carried out in the course of hostilities.</DELETED>
<DELETED> (d) Multilateral Sanctions.--The Secretary, in
consultation with the Secretary of the Treasury and the Secretary of
Commerce, as appropriate, should engage with members of the United
Nations Security Council, the North Atlantic Treaty Organization, the
European Union, the African Union, and any other relevant actors to
achieve a coordinated imposition of multilateral sanctions and export
controls on persons described in subsection (a)(1).</DELETED>
<DELETED>SEC. 8. SECURITY ASSISTANCE.</DELETED>
<DELETED> (a) Suspension of Assistance.--All security assistance
being provided to the Government of Ethiopia by the United States
Government shall immediately be suspended until such time as the
Secretary reports to the appropriate congressional committees that
hostilities in northern Ethiopia and related conflicts have ended, and
the parties to the conflict are engaged in good faith efforts to reach
a comprehensive peace agreement.</DELETED>
<DELETED> (b) Report.--Not later than 15 days after the date of the
enactment of this Act, the Secretary shall provide to the appropriate
congressional committees a comprehensive list of all assistance halted
in compliance with subsection (a) as of the date of the enactment of
this Act.</DELETED>
<DELETED>SEC. 9. ASSISTANCE TO THE GOVERNMENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA PROVIDED THROUGH INTERNATIONAL
FINANCIAL INSTITUTIONS.</DELETED>
<DELETED> (a) Restrictions.--The Secretary of the Treasury shall
instruct the United States Executive Directors of the international
financial institutions--</DELETED>
<DELETED> (1) to use the voice and vote of the United States
in those institutions to oppose any loan or extension of
financial or technical assistance to the Governments of
Ethiopia and Eritrea; and</DELETED>
<DELETED> (2) to work with other key donor countries to
develop a coordinated policy with respect to lending to the
Governments of Ethiopia and Eritrea aimed at advancing human
rights and promoting peace.</DELETED>
<DELETED> (b) Exception for Humanitarian Purposes.--The restrictions
under paragraphs (1) and (2) of subsection (a) shall not apply with
respect to loans or financial or technical assistance provided for
humanitarian purposes, including efforts to prevent, detect, and
respond to the COVID-19 pandemic, or any other infectious disease
threat that is declared by the World Health Organization to be a Public
Health Emergency of International Concern.</DELETED>
<DELETED> (c) Waiver for Projects That Directly Support Basic Human
Needs.--The Secretary of the Treasury may waive the application of the
restriction under subsection (a)(1) only if the Secretary of the
Treasury submits to the appropriate congressional committees a written
determination, arrived at with the concurrence of the Secretary of
State, that the waiver is being exercised to support projects that
directly support basic, life-saving human needs.</DELETED>
<DELETED> (d) Termination.--Subsection (a)(1) shall not apply on or
after the date that is 30 days after the Secretary of State determines
and certifies to the appropriate congressional committees that the
Government of Ethiopia and its proxies and allies have--</DELETED>
<DELETED> (1) ceased all offensive military operations in
northern Ethiopia and conflict in surrounding areas of
Ethiopia;</DELETED>
<DELETED> (2) taken steps toward a genuine political
dialogue to achieve an end to the conflict;</DELETED>
<DELETED> (3) implemented measures to better protect human
rights and ensure adherence to international humanitarian law
and international human rights law;</DELETED>
<DELETED> (4) continuously allowed unfettered humanitarian
access; and</DELETED>
<DELETED> (5) cooperated with independent investigations of
credible allegations of war crimes, crimes against humanity and
other human rights abuses carried out in the course of
hostilities.</DELETED>
<DELETED> (e) Briefing.--Not later than 60 days after the date of
the enactment of this Act and every 120 days thereafter until the
restrictions in subsection (a)(1) are terminated pursuant to subsection
(d), the Secretary of the Treasury, in conjunction with the Secretary
and the Administrator of the United States Agency for International
Development, or their designees, shall brief the appropriate
congressional committees on the efforts of the United States Executive
Directors of the international financial institutions pursuant to
subsection (a).</DELETED>
<DELETED>SEC. 10. SUPPORT FOR ACCOUNTABILITY.</DELETED>
<DELETED> (a) In General.--The President is authorized to provide
financial, technical, and diplomatic support for efforts to pursue
accountability for war crimes and crimes against humanity, including
any preliminary activities necessary to preserve evidence of crimes in
Ethiopia, with the goal of promoting accountability for war crimes,
crimes against humanity, or other violations of international human
rights law and international humanitarian law that have taken place in
the course of hostilities in northern Ethiopia or other areas of
Ethiopia.</DELETED>
<DELETED> (b) Provision of Information.--The President is authorized
to share information possessed by the United States Government with
organizations engaged in a credible investigation meant to lead to the
prosecution of any individual credibly accused of war crimes, crimes
against humanity, or other violations of international human rights law
or international humanitarian law in accordance with this
section.</DELETED>
<DELETED>SEC. 11. ARMS-RELATED, FINANCIAL, AND OTHER REPORTING
REQUIREMENTS.</DELETED>
<DELETED> (a) Report on Certain Activities and Finances of Senior
Officials of the Governments of Ethiopia and Eritrea and Armed
Opposition Groups.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until the date that is 2
years after the end of hostilities in the Tigray region, the Secretary
shall submit to the appropriate congressional committees a report
that--</DELETED>
<DELETED> (1) describes the actions and involvement of any
senior officials of the Governments of Ethiopia and Eritrea and
any senior leaders in the party to the conflict in northern
Ethiopia and related conflicts--</DELETED>
<DELETED> (A) facilitating or financing the sale or
transfers of arms or weapons to any party to the
hostilities in Ethiopia, including the Government of
Ethiopia, the Government of Eritrea, opposition groups,
militias, or other armed groups active in the conflict
in Ethiopia;</DELETED>
<DELETED> (B) directing, carrying out, or ordering
violations of human rights including the systemic use
of rape and sexual and gender based violence;</DELETED>
<DELETED> (C) directing, carrying out, or ordering
the use or recruitment of children by armed groups or
armed forces; and</DELETED>
<DELETED> (D) directing, carrying out, or ordering
significant acts of corruption;</DELETED>
<DELETED> (2) identifies Ethiopian, Eritrean, and other
foreign financial institutions in which senior officials of the
Governments of Ethiopia and Eritrea whose actions are described
in paragraph (1), and senior leaders of parties to the conflict
in northern Ethiopia and related conflicts in the Federal
Democratic Republic of Ethiopia whose actions are described in
paragraph (1), hold significant assets, and provides an
assessment of the value of such assets; and</DELETED>
<DELETED> (3) identifies Ethiopian, Eritrean, and foreign
financial institutions that knowingly facilitate or finance the
sale or transfer of weapons, arms, or non-lethal equipment
intended or altered by a third party for military use to any
party to the hostilities in Ethiopia.</DELETED>
<DELETED> (b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.</DELETED>
<DELETED> (c) Report on Progress on Accountability in Ethiopia.--Not
later than 180 days after the date of the enactment of this Act, and
every 180 days thereafter, the Secretary of State shall submit to
Congress a report on progress towards holding individuals in Ethiopia
and Eritrea accountable for human rights violations, war crimes, and
crimes against humanity.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethiopia Peace and Stabilization Act
of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Civil conflict.--The term ``civil conflict'' means the
civil conflict that began in Ethiopia's Tigray region in
November 2020, and has since spread to other parts of the
country.
(3) Parties to the conflict.--The term ``parties to the
conflict'' means the state authorities and armed parties
directly participating in the civil conflict in Ethiopia,
including the Governments of Ethiopia and Eritrea, Tigray
People's Liberation Front (TPLF), Ethiopian National Defense
Forces (ENDF), Tigray Defense Forces (TDF), Eritrean Defence
Forces (EDF), Ethiopian regional forces, organized ethnic
militia, and any other entity which the President determines to
be among the parties to the conflict for purposes of this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(5) Senior official.--The term ``senior official'' means--
(A) the head of state or head of party;
(B) the head of government;
(C) a member of the cabinet or official exercising
minister-level authority;
(D) any other high ranking official in the defense,
security, or foreign affairs apparatus of the
government; or
(E) any other office which the President determines
to be a senior official for purposes of this Act.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Ethiopia's civil conflict directly threatens the unity
of and undermines democracy in Ethiopia and threatens stability
in the Horn of Africa;
(2) northern Ethiopia has suffered from a prolonged
blockade that has prevented the flow of humanitarian
assistance, medical supplies, and fuel and created an
unprecedented humanitarian crisis;
(3) all parties to the civil conflict should immediately
end hostilities and allow unfettered access to deliver
humanitarian aid, negotiate a ceasefire, and begin negotiations
towards a sustainable peace agreement;
(4) the Government of Eritrea must immediately and
completely withdraw its military forces from Ethiopia;
(5) external actors must cease the sale and provision of
all arms and materiel to all parties to the conflict;
(6) the United States and the international community
should prioritize delivering humanitarian aid to all areas in
need of assistance, with an urgent focus on the provision of
emergency food aid to communities that are currently facing
famine conditions or food insecurity;
(7) the United States should provide assistance for a
peaceful negotiated settlement to the civil conflict, including
assistance for stabilization, mitigation, reconciliation, and
democracy strengthening;
(8) the United States should impose restrictions on
security and other related assistance;
(9) all allegations of human rights abuses, war crimes, and
crimes against humanity must be thoroughly investigated by a
neutral credible body, and perpetrators must be held
accountable; and
(10) the United States and international community should
seek to hold accountable governments, organizations, and
individuals, including those in the diaspora who have--
(A) incited the civil conflict and related violence
in Ethiopia; and
(B) spread disinformation as part or on behalf of a
foreign government, political party, ethnic group, or
organization to further the civil conflict or incite
anti-American sentiment in Ethiopia.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to support a peaceful,
democratic, and unified Ethiopia by--
(1) using all diplomatic, development, and legal tools to
support a sustainable peace agreement;
(2) supporting a credible, inclusive political process to
unify the country that is convened by a mutually agreed upon
party, individual, or group and that--
(A) acknowledges the political nature of conflict;
(B) seeks a political solution to support the
resolution of grievances; and
(C) charts a democratic and peaceful path forward
for the country;
(3) advancing the human, civil, and political rights of all
Ethiopians regardless of ethnicity, religion, gender, or
geographic area of origin; and
(4) countering malign foreign influence and disinformation
exacerbating the civil conflict and intercommunal violence.
SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN ETHIOPIA.
(a) Sense of Congress.--It is the sense of Congress that the United
States must--
(1) use all diplomatic levers at its disposal to secure the
release of all political prisoners, including opposition
leaders, supporters, journalists, and activists detained on the
basis of their political activity or views, their ethnicity, or
their reporting;
(2) ensure the Government of Ethiopia respects the rights
of all Ethiopians to free expression and political
participation, without discrimination based on ethnicity,
ideology, or political affiliation; and
(3) support a credible mechanism that addresses grievances
and charts a democratic and peaceful path forward for the
country, and which includes representatives of all political
parties, including those who have been detained as political
prisoners, civil society organizations, and representatives of
ethnic communities.
(b) Strategy.--
(1) In general.--The Secretary, in consultation with the
Administrator of the United States Agency for International
Development, shall develop and implement a strategy for
supporting democracy and the rule of law and adherence to
international humanitarian law and relevant international human
rights treaties in Ethiopia that includes a description and
justification of--
(A) plans to support civil society efforts related
to expanding citizen participation and political space;
(B) plans to support a credible, comprehensive
political process to unify Ethiopia, which includes
broad representation from civil society, political
parties, ethnic communities, and religious groups;
(C) plans to support respect for the rule of law,
including justice and accountability mechanisms for
abuses and atrocities committed in the course of the
civil conflict;
(D) plans to combat hate speech and disinformation
in Ethiopia;
(E) current and planned democracy and governance
support to Ethiopia's government institutions,
including independent institutions like the National
Electoral Board of Ethiopia (NEBE);
(F) plans for evaluating current and planned
democracy and governance support and application of
lessons learned; and
(G) mechanisms for holding accountable individuals
who impede democratic processes, perpetrate gross
violations of human rights, or are credibly implicated
in public corruption.
(2) Report to congress.--Not less than 90 days after the
date of the enactment of this Act, the Secretary shall submit
the strategy required under paragraph (1) to the appropriate
congressional committees.
(c) Quarterly Reports.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State, after consultation with the heads of other
Federal departments and agencies represented on the Atrocity
Early Warning Task Force and with representatives of human
rights organizations, shall submit to the appropriate
congressional committees a report that includes a determination
with respect to whether actions in Ethiopia by parties to the
conflict constitute--
(A) genocide;
(B) crimes against humanity; or
(C) war crimes.
(2) Form.--Each report required by paragraph (1) shall--
(A) clearly identify individuals or groups about
which the determination in such paragraph is made; and
(B) be submitted in unclassified form, but may
include a classified annex that is provided separately.
(3) Public availability.--The Secretary shall make each
report submitted under paragraph (1) available to the public on
an internet website of the Department of State.
SEC. 6. SUPPORT FOR CONFLICT RESOLUTION, MITIGATION AND MANAGEMENT, AND
RECONCILIATION.
(a) Conflict Resolution.--The President is authorized to provide
financial, technical, and diplomatic support for--
(1) efforts by the African Union or other credible entities
engaged in efforts to help bring about a peaceful resolution to
conflict across Ethiopia; and
(2) efforts by civil society, especially those from
marginalized communities in all regions of Ethiopia, women,
youth, and persons with disabilities, to participate and engage
in peacebuilding, mediation, and community reconciliation.
(b) Conflict Mitigation and Reconciliation.--The Secretary shall
ensure the development and implementation of a coordinated strategy,
developed by the Administrator of the United States Agency for
International Development in coordination with relevant bureaus of the
Department of State, to support conflict mitigation and management,
reconciliation, and trauma healing for conflict affected groups in
Ethiopia that includes--
(1) an analysis of the drivers of conflict in Ethiopia;
(2) a comprehensive plan to support efforts to mitigate and
manage conflict with an emphasis on community-led grassroots
reconciliation;
(3) plans to support grass roots local mechanisms for
dispute resolution and sustainable mechanisms to address
grievances at the community level;
(4) specific steps the Department of State and the United
States Agency for International Development will take to ensure
the participation of traditionally marginalized communities and
ethnic groups, women, and youth;
(5) plans to ensure that all assistance programs that aim
to benefit the Ethiopian people or build the capacity of civil
society incorporate, to the extent practicable, community-based
conflict mitigation and management, violence prevention,
peacebuilding interventions, reconciliation activities,
psychosocial support, and trauma healing;
(6) plans to ensure that all assistance programs that are
directly aimed at benefitting the Ethiopian people are
implemented based on need and do not discriminate on the basis
of ethnic, regional, or political affiliations;
(7) a clear statement of--
(A) the goals and expected outcomes of the
strategy; and
(B) the means through which progress towards the
strategy's goals will be measured, including through
regular evaluations; and
(8) plans for updating and revising the current Country
Development Cooperation Strategy to include elements of the
strategy required under this subsection.
(c) Submission.--The Secretary shall submit the strategy required
under subsection (b) to the appropriate congressional committees not
later than 90 days after the date of the enactment of this Act.
SEC. 7. ACTIONS IN SUPPORT OF PEACE AND STABILITY IN ETHIOPIA.
(a) Sanctions for Actions Undermining Transition to Democracy.--
(1) In general.--Beginning 180 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in paragraph (2) concerning any foreign person that
the President determines--
(A) has knowingly engaged in significant acts which
have materially undermined or which are intended to
undermine officially authorized efforts to negotiate a
settlement to end the civil conflict;
(B) has directly and materially contributed to an
escalation of the civil conflict;
(C) deliberately impedes the delivery of
humanitarian assistance to any area of the country; or
(D) through business dealings with senior
leadership of the Government of Ethiopia or the Tigray
People's Liberation Front or other parties to the
conflict, has knowingly derived significant financial
or political benefit from the conflict or efforts made
to impede a transition to democracy in Ethiopia through
actions including directing or knowingly engaging in or
facilitating--
(i) electoral fraud;
(ii) serious human rights abuses; or
(iii) acts of public corruption.
(2) Sanctions described.--The sanctions that the President
shall impose under paragraph (1) concerning a foreign person
are the following:
(A) Property blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all 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.
(B) Aliens inadmissible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
described in paragraph (1) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) 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.).
(ii) Current visas revoked.--
(I) In general.--The United States
shall revoke the visa or other entry
documentation of an alien described in
paragraph (1), regardless of when such
visa or other entry documentation is or
was issued.
(II) Immediate effect.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
alien's possession.
(3) Exceptions.--
(A) Exception for intelligence activities.--
Sanctions under this section shall not apply to any
activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence activities
of the United States.
(B) Exception to comply with international
obligations and for law enforcement activities.--
Sanctions under paragraph (2)(B) shall not apply with
respect to an alien if admitting or paroling the alien
into the United States is necessary--
(i) 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; or
(ii) to carry out or assist law enforcement
activity in the United States.
(C) Exception relating to importation of goods.--
(i) In general.--The authorities and
requirements to impose sanctions authorized
under this subtitle shall not include the
authority or a requirement to impose sanctions
on the importation of goods.
(ii) Good defined.--In this paragraph, the
term ``good'' means any article, natural or
manmade substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(4) Implementation; penalties.--
(A) Implementation.--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 subsection.
(B) Penalties relating to property blocking.--A
person that violates, attempts to violate, conspires to
violate, or causes a violation of subparagraph (A) of
paragraph (2) or any regulation, license, or order
issued to carry out either such subparagraph 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.
(5) Definitions.--In this subsection:
(A) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the
meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(B) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on Foreign Relations of the Senate, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Financial
Services of the House of Representatives.
(C) Foreign person.--The term ``foreign person''
means a person that is not a United States person.
(D) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
(E) United states person.--The term ``United States
person'' means--
(i) 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; or
(ii) 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.
(6) Presidential waiver authority.--The President may
waive, on a case-by-case basis and for a period of not more
than 180 days, subject to renewal, a requirement under this
section to impose or maintain sanctions with respect to a
person, only if the President submits to the appropriate
committees of Congress--
(A) a written determination that the waiver or
renewal of a waiver is in the national security
interests of the United States; or
(B) a certification that the person that had
engaged in otherwise sanctionable behavior has ceased
engaging in such behavior and that there is not a risk
that the person could engage in such behavior in the
future.
(b) Limitations on Export of Defense and Dual-use Items to Ethiopia
and Eritrea.--
(1) Dual-use items.--A license shall be required under
section 1754(c)(1)(A) of the Export Control Reform Act of 2018
(50 U.S.C. 4813(c)(1)(A)) for the export, re-export, or in-
country transfer to Ethiopia or Eritrea of items described in
clause (ii) of that section.
(2) Defense items.--No license may be issued for the export
to Ethiopia or Eritrea of any item on the United States
Munitions List under section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)) on January 1, 2016.
(c) Prohibition and Suspension of Certain Assistance to Ethiopia.--
(1) Support by united states international development
finance corporation.--The United States International
Development Finance Corporation may not provide support under
title II of the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9621 et seq.) for projects
in Ethiopia.
(2) Termination.--The prohibition under paragraph (1) shall
not apply on or after the date that the criteria outlined in
section 13 have been met.
(3) Presidential waiver authority.--The President may
waive, on a case-by-case basis, the prohibition under paragraph
(1) if the President submits to the appropriate committees of
Congress a written determination that the waiver is in the
national security interests of the United States.
(d) Multilateral Sanctions.--The Secretary, in consultation with
the Secretary of the Treasury and the Secretary of Commerce, as
appropriate, should engage with members of the United Nations Security
Council, the North Atlantic Treaty Organization, the European Union,
the African Union, and any other relevant actors to achieve a
coordinated imposition of multilateral sanctions and export controls on
persons described in subsection (a)(1).
SEC. 8. SECURITY ASSISTANCE.
(a) Suspension of Assistance.--The United States shall immediately
suspend all security assistance being provided to the Government of
Ethiopia.
(b) Presidential Waiver Authority.--The President may waive the
suspension in subsection (a) if the President submits to the
appropriate committees of Congress a written determination that--
(1) the waiver or renewal of a waiver is in the national
security interests of the United States; and
(2) the Government of Ethiopia and its proxies are taking
steps toward a genuine negotiated settlement with the major
parties to the conflict.
(c) Termination.--The suspension under subsection (a) shall not
apply on or after the date that the criteria outlined in section 13 are
met.
(d) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary shall provide to the appropriate
congressional committees a comprehensive list of all assistance halted
in compliance with subsection (a) as of the date of the enactment of
this Act.
SEC. 9. ASSISTANCE TO THE GOVERNMENT OF ETHIOPIA PROVIDED THROUGH
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Restrictions.--The Secretary of the Treasury shall instruct the
United States Executive Directors of the international financial
institutions--
(1) to use the voice and vote of the United States in those
institutions to oppose any loan or extension of financial or
technical assistance to the Governments of Ethiopia and
Eritrea; and
(2) to work with other key donor countries to develop a
coordinated policy for lending to the Governments of Ethiopia
and Eritrea aimed at promoting peace and adherence to
international humanitarian law and relevant international human
rights treaties.
(b) Exception for Humanitarian Purposes.--The restrictions under
paragraphs (1) and (2) of subsection (a) shall not apply to loans or
financial or technical assistance provided for humanitarian purposes.
(c) Waiver for Projects That Directly Support Basic Human Needs.--
The Secretary of the Treasury may waive the application of the
restriction under subsection (a)(1) only if the Secretary of the
Treasury submits to the appropriate congressional committees a written
determination, arrived at with the concurrence of the Secretary of
State, that the waiver supports projects that directly provides basic
human needs.
(d) Presidential Waiver Authority.--The President may waive the
application of the restriction under subsection (a)(1), on a case-by-
case basis, if the President submits to the appropriate congressional
committees a written determination that the waiver is in the national
security interests of the United States.
(e) Termination.--Subsection (a)(1) shall not apply after the
criteria outlined in section 13 are met.
(f) Briefing.--Not later than 60 days after the date of the
enactment of this Act and every 120 days upon request until the
restrictions in subsection (a)(1) are terminated pursuant to subsection
(d), the Secretary of the Treasury, in conjunction with the Secretary
of State and the Administrator of the United States Agency for
International Development, or their designees, shall brief the
appropriate congressional committees on the efforts of the United
States Executive Directors of the international financial institutions
pursuant to subsection (a).
SEC. 10. SUPPORT FOR ACCOUNTABILITY.
(a) In General.--The President is authorized to provide technical
and diplomatic support, including support for activities related to
evidence preservation and information sharing, to credible
accountability mechanisms with jurisdiction, to promote accountability
for war crimes, crimes against humanity, or other violations of
international human rights law and international humanitarian law that
took place in the 6 months preceding the outbreak of the civil
conflict, and have taken place in the course of the civil conflict.
(b) Report on Progress on Accountability in Ethiopia.--Not later
than 180 days after the date of the enactment of this Act, and every
180 days thereafter, the Secretary of State shall submit to Congress a
report on progress towards holding individuals in Ethiopia and Eritrea
accountable for atrocities, including war crimes and crimes against
humanity.
SEC. 11. CERTAIN ACTIVITIES AND FINANCES RELATED TO THE CONFLICT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days after that until the end of
the civil conflict, the Secretary, in consultation with the Director of
National Intelligence and the Secretary of the Treasury, shall provide
to the appropriate committees of Congress a report that includes--
(1) a description of the actions and involvement of any
senior officials of any party to the civil conflict--
(A) facilitating or financing the sale or transfers
of arms or weapons to any party to the civil conflict;
(B) directing, carrying out, or ordering actions
that lead to violations of international humanitarian
law, including those involving the systemic use of
rape;
(C) directing, carrying out, or ordering the use or
recruitment of children by armed groups or armed
forces;
(D) directing, carrying out, or engaging in
significant acts of corruption;
(E) directing, carrying out, or ordering the denial
of humanitarian access, including by preventing
humanitarian assistance or aid workers from reaching
civilian populations;
(F) directing, carrying out, or ordering the
killing of aid workers in Ethiopia; and
(G) directing, carrying out, or ordering the
looting or destruction of civilian infrastructure in
violation of international humanitarian law, including
health facilities and schools;
(2) a description of Ethiopian and other foreign financial
institutions that identifies--
(A) senior officials of the parties to the conflict
whose actions, as identified in paragraph (1) who hold
significant assets within a financial institution
subject to the jurisdiction of the United States, and
an estimated assessment of the value of such assets;
and
(B) Ethiopian and foreign financial institutions
that knowingly facilitate or finance the sale or
transfer of weapons, arms, or non-lethal equipment
intended or altered by a third party for military use
to any party to the civil conflict;
(3) a description of the full extent of involvement in the
civil conflict by foreign governments, including the
Governments of China, Egypt, Eritrea, Iran, Qatar, Russia,
Saudi Arabia, Sudan, Turkey, and the United Arab Emirates, and
others as appropriate, which shall include--
(A) a description of which governments have engaged
in or supported the conduct of drone and aircraft
strikes;
(B) a list of the types and estimated amounts of
arms and materiel transferred by each government
identified under this paragraph, including drone
aircraft, to the parties to the conflict or foreign
military contractors operating in Ethiopia;
(C) an estimate of significant financial support
provided by each government identified under this
paragraph to the parties to the conflict or foreign
military contractors; and
(D) a description of United States diplomatic
engagement with the European Union and NATO regarding
the support provided by the foreign governments,
identified under this paragraph, to the parties to the
conflict and foreign military contractors; and
(4) a description of the full extent of involvement by
Ethiopian diaspora and other non-Ethiopian nationals in
military activities in the civil conflict, including--
(A) a description of the Ethiopian diaspora and
other non-Ethiopian nationals directly participating in
the civil conflict either through on the ground
fighting or support operations, providing financial or
logistical support from abroad, or engaging in
activities inciting the parties to the conflict; and
(B) an estimate of significant financial support
provided by Ethiopian diaspora and other non-Ethiopian
nationals to the parties to the conflict.
(b) Form.--The Secretary shall submit the report required under
subsection (a) in a classified form.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, and not less than 120 days thereafter upon
request until the Secretary determines the requirements are met
pursuant to section 13, the Secretary, or the Secretary's designee,
shall brief the appropriate committees of Congress on the information
described under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 12. REPORT ON THE USE OF DISINFORMATION RELATED TO THE CONFLICT.
(a) Report on the Use of Online Disinformation in the Civil
Conflict.--Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of State shall
submit to the appropriate congressional committees a report that--
(1) describes the use of online disinformation by parties
to the conflict to perpetuate the conflict;
(2) describes how funding from state and non-state actors
supports use by parties to the conflict of disinformation, in
order to further the civil conflict; and
(3) details any efforts to disrupt the spread of online
disinformation related to the civil conflict, including efforts
by online and social media providers.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form and made publicly available, but may
contain a classified annex.
SEC. 13. TERMINATION OF REQUIREMENTS.
Reporting requirements under sections 5(c), 10, and 11, the
authorities under section 7, the suspension of security assistance
under section 8(a), and the restriction under section 9(a)(1) shall not
apply on or after the date that is 30 days after the Secretary
determines and certifies to the appropriate congressional committees
that the Government of Ethiopia and its proxies have--
(1) ceased all offensive military operations in the civil
conflict;
(2) taken steps toward a genuine negotiated settlement with
the major parties to the conflict;
(3) implemented measures to ensure adherence to
international humanitarian law and international human rights
law;
(4) allowed unfettered access for humanitarian relief on a
reliable and established basis; and
(5) cooperated with independent investigations of credible
allegations of war crimes, crimes against humanity, and other
atrocities carried out in the civil conflict.
Calendar No. 336
117th CONGRESS
2d Session
S. 3199
_______________________________________________________________________
A BILL
To promote peace and democracy in Ethiopia, and for other purposes.
_______________________________________________________________________
April 6, 2022
Reported with an amendment