SECTION 565 WAIVER

UNCLAS KHARTOUM 002062

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/SPG
DEPARTMENT FOR NEA/RA JOE SCOVITCH

E.O. 12958: N/A
TAGS: KBCT PREL SU
SUBJECT: SECTION 565 WAIVER


1. (SBU) Khartoum requests waiver of the requirements of
Section 565 of Title V, Part C of the Foreign Relations
Authorizations Act for the reasons contained in paragraph two.


2. (SBU) Both the Comprehensive Peace Agreement (CPA),which
ended the 21-year civil war in 2005, and the Interim National
Constitution guarantee the rights of non-Muslims in Khartoum,
and the secular Sudan People,s Liberation Movement (SPLM) is
part of the new Government of National Unity (GNU). However,
in practice, Sharia law continues to be enforced in Khartoum
and Islamic fundamentalists maintain effective control of the
government. While initially becoming more tolerant after the
signing of the peace agreement, security forces backed by
Islamic fundamentalists have orchestrated several crackdowns
on the press and civil society organizations in 2007. To
require firms to sign or accept such a certification would
subject them to possible harassment by Government of Sudan
organizations or by fundamentalist organizations. Local
companies would not sign or accept such a certification and
there are not available alternative sources for essential
services and supplies.


3. (SBU) Language from last year's justification for
certification and waiver remains valid as it pertains to
Sudan.
POWERS