The U.S. State Department sent a leader to leaders in the U.S. Senate declaring opposition by the Bush administration to a proposed bill that would punish U.S. foreign investors in Sudan. The bill would require U.S. states to divest from their investment portfolios any interests linked to foreign investment in Sudan. The bill punishes entities from investing in Sudan while the Sudanese government failed to take action in what the Bush administration has termed ‘genocide’ in Darfur.
Assistant Secretary of State Jeffery T. Bergner in his letter to Democratic Sen. Harry Reid and Republican Sen. Mitch McConnel said the Bush administration opposed the bill because it infringed on the presidential authority to establish and executive U.S. foreign policy. Bergner said the bill “would impose unilateral measures targeted at U.S. allies and diplomatic powers and would thus shift focus away from (Sudan's) behavior.” The letter continues that this shift is a direct interference in the presidential authority to regulate U.S. foreign policy.
The Sudanese Accountability and Divestment Act would punish Sudan by forcing investors to unload their investments in Sudanese interests. Article II Section 8 of the U.S. Constitution grants Congress with the authority “to regulate commerce with foreign nations.” Executive powers, however, dictate the ability of the president to control U.S. foreign policy.
