Text: S.494 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-99 (12/21/2001)

 
[107th Congress Public Law 99]
[From the U.S. Government Printing Office]


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[DOCID: f:publ099.107]


[[Page 961]]

          ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001

[[Page 115 STAT. 962]]

Public Law 107-99
107th Congress

                                 An Act


 
    To provide for a transition to democracy and to promote economic 
                          recovery in Zimbabwe.

<<NOTE: Dec. 21, 2001 -  [S. 494]>>     Be it enacted by the Senate and 
House of Representatives of the United States of America in 
Congress <<NOTE: Zimbabwe Democracy and Economic Recovery Act of 
2001. 22 USC 2151 note.>> assembled,

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.

[[Page 115 STAT. 963]]

            (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 lending 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 appropriate 
        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 property, freedom of speech and association, and an end 
        to the lawlessness, violence, and intimidation sponsored,

[[Page 115 STAT. 964]]

        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 at the International 
        Donors' Conference on Land Reform and Resettlement in Zimbabwe 
        held in Harare, Zimbabwe, in September 1998.
            (4) Fulfillment of agreement ending war in democratic 
        republic of congo.--The Government of Zimbabwe is making a good 
        faith effort to fulfill 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, in 
        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 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).

[[Page 115 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 consultation with the governments of European Union member 
states, Canada, and other appropriate foreign countries on ways in which 
to--
            (1) identify and share information regarding individuals 
        responsible for the deliberate breakdown of the rule of law, 
        politically motivated violence, and intimidation in Zimbabwe;
            (2) identify assets of those individuals held outside 
        Zimbabwe;
            (3) implement travel and economic sanctions against those 
        individuals and their associates and families; and
            (4) provide for the eventual removal or amendment of those 
        sanctions.

    Approved December 21, 2001.

LEGISLATIVE HISTORY--S. 494:
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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.

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