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July 12, 2019
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Events in 2019 in Sudan and Venezuela have focused
“Global train-and-equip” funds authorized to be
renewed attention on a provision that has appeared in
provided by the Department of Defense under 10 U.S.C.
annual State, Foreign Operations and Related Programs
333, as the authority prohibits assistance “that is
(SFOPS) appropriations legislation since 1986 that restricts
otherwise prohibited by any provision of law.”
U.S. foreign assistance following a coup d’état. The
The restriction has generally not applied to
provision intends to discourage and express U.S.
disapproval of militaries seizing control of governments.
aid implemented by nongovernmental organizations
What Is Section 7008?
rather than the government, or
In its current form (P.L. 116-6 , Division F), Section 7008
foreign assistance that is authorized or appropriated
states that
“notwithstanding” any other provision of law, which in
FY2019 includes most humanitarian assistance; aid for
None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
democracy promotion and education; funds provided
be obligated or expended to finance directly any
through the Assistance for Europe, Eurasia, and Central
assistance to the government of any country whose duly
Asia (AEECA) account; aid to some specific countries
elected head of government is deposed by military coup
(e.g., Egypt and Pakistan); and aid for some specific
d’état or decree or, after the date of enactment of this Act,
purposes (counter-narcotics, counter-crime, and counter-
a coup d’état or decree in which the military plays a
extremism, for example), or aid that the President has
decisive role. Provided, that assistance may be resumed
authority to provide in certain conditions
to such government if the Secretary of State certifies and
notwithstanding restrictions in law, subject to
reports to the appropriate congressional committees that
notification.
subsequent to the termination of assistance a
democratically elected government has taken office:
Section 7008 does not include waiver authority, and the
Provided further, that the provisions of this section shall
proviso regarding resumption of aid after certification that a
not apply to assistance to promote democratic elections
democratically elected government has taken office does
or public participation in democratic processes.
not set a time parameter for such a certification.
Key elements in determining whether Section 7008
Legislative History
restrictions apply to a situation are
Legislation restricting foreign assistance after coups was
first considered in the context of congressional concern
whether a country’s military has overthrown, or played a
about a possible coup in El Salvador. The Foreign
decisive role in overthrowing, the government, and
Assistance and Related Programs Appropriations Act,
whether the deposed leader was “duly elected.”
FY1985 (P.L. 98-473), prohibited any appropriation from
being obligated to El Salvador if the elected President of
The restriction is not a general one; it applies to selected
that country was deposed by military coup (§537). The
types of aid, including the following:
following year, the enacted foreign aid appropriation, P.L.
Foreign assistance funds provided to the government,
99-190, expanded the provision to prohibit funds “to any
including military assistance and economic assistance
country whose duly elected Head of Government is deposed
implemented through or in cooperation with host
by military coup or decree” (§513).
governments.
Some version of the “coup provision” has been included in
Funds administered by the State Department and U.S.
every foreign aid appropriations measure since FY1986.
Agency for International Development (USAID).
Congress has made several changes to the section over
time, however (Figure 1).
Figure 1. Section 7008: Key Changes
Source: Created by CRS using information from annual Foreign Operations appropriations legislation.
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link to page 1 Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Interpretation and Application of Section 7008
Military aid and other assistance to the governments of
U.S. executive branch interpretations and application of the
Egypt, Burkina Faso, and Algeria was not restricted due to
provision have varied across situations. During the past 10
the events described. For Egypt, Congress enacted new
years, the coup provision was in effect, at least temporarily,
language in SFOPS appropriations measures from FY2014
for the following countries, according to public documents
onward, making assistance funds available for the
(e.g., Millennium Challenge Corporation eligibility reports
government “notwithstanding any provision of law
and State Department country fact sheets):
restricting assistance,” subject to certain conditions
Sudan (due to the 1989 coup)
(currently, Section 7041(a) of P.L. 116-6, Division F).
Côte d’Ivoire (1999 coup; lifted after 2011 elections)
Policy Questions
As Congress considers SFOPS appropriations for FY2020
Fiji (2006 coup; lifted after 2014 elections)
and beyond, and contemplates U.S. policy toward foreign
Mauritania (2008 coup; lifted after 2009 elections)
governments that assume power by coup, it may revisit
Madagascar (2009 coup; lifted after 2014 elections)
Section 7008 and consider whether the existing provisions
Guinea-Bissau (2012 coup; lifted after 2014 elections)
support congressional intent. Congress may consider:
Mali (2012 coup; lifted after 2013 elections)
Waiver. Should waiver authority be added to the provision,
or do existing work-arounds⸺such as the notwithstanding
Thailand (2014 coup)
provisions for Egypt and for certain types of assistance,
In other countries where the military has ousted, or helped
which may be created after the fact⸺provide sufficient
oust, a civilian-led government, over the past decade, the
policy flexibility?
executive branch has not invoked Section 7008, for
Determination. Should a determination of the coup
example:
provision’s applicability be required
within a specified time
Honduras 2009. The State Department referred to the
period? If so, should the determination be fully delegated to
military’s arrest and forced exile of the sitting president
the Administration, including the interpretation of events
as a “coups d’état,” but asserted that these events were
and the role of the military? Is there a role for Congress in
not, strictly speaking, a “military coup,” citing the
such determinations?
“complexity” of actors involved, including the courts
Intention. Is the current proviso on a resumption of aid
and legislature (which endorsed the military’s actions).
sufficient to adequately support the U.S. policy of objecting
Congress subsequently changed the title of the provision
from “military coups” to “coups d’état”
to a coup d’etat? Should the overthrow of non-“duly
(Figure 1).
elected” leaders be punished? Should policymakers be
Niger 2010. The State Department determined that
granted the ability to lift the provision if the military
Niger’s president, who was ousted by the military, had
relinquishes control, as U.S. officials have called for in
ceased to be “duly elected” because he had overstayed
Sudan, even if the civilian government is not elected?
his original constitutional tenure.
Policy and Program Implications. Should the resumption
Egypt 2013. The State Department did not issue a
of aid following an election in a country where the
determination as to whether or not a coup occurred.
provision has been applied spur other U.S. policy
Burkina Faso 2014. Military commanders pressured the responses, such as an evaluation of the status of democracy
president to step down amid large protests, and retained
in the country and whether governance or security sector
influence in a subsequent civilian-led transitional
reform programs are merited? Should any additional U.S.
government. U.S. officials referred to events as a
actions to help deter future depositions of duly elected
“popular uprising.”
governments be pursued?
Zimbabwe 2017. The army seized control of key
Further Reading on Selected Countries
facilities and pressed President Robert Mugabe to
Algeria: CRS In Focus IF11116, Algeria: In Focus
resign. The ruling party then removed Mugabe as its
Côte d’Ivoire Post-Gbagbo: CRS Report RS21989, Côte
leader, after which he resigned. U.S. officials did not
d’Ivoire Post-Gbagbo: Crisis Recovery
refer to these events as a coup d’état. The State
Egypt: CRS Report RL33003, Egypt: Background and U.S.
Department had earlier stated that Zimbabwe’s 2013
Relations
elections, in which Mugabe was reelected, “did not
Honduran Political Crisis: CRS Report R41064, Honduran
represent the will of the Zimbabwean people.”
Political Crisis, June 2009-January 2010
Algeria 2019. The army chief of staff called on
Crisis in Mali: CRS Report R42664, Crisis in Mali
parliament to impeach the president, who resigned the
Sudan: CRS In Focus IF10182, Sudan
next day. U.S. officials have not publicly commented on
Thailand: CRS In Focus IF10253, Thailand: Background and
whether these events constituted a coup d’état.
U.S. Relations
In at least two of these cases (Honduras and Niger), U.S.
Zimbabwe: CRS Insight IN10819, Zimbabwe: A Military-
Administrations chose, as a matter of policy, to suspend aid
Compelled Transition?
consistent with the restrictions under Section 7008. While
producing a similar result to application of the provision,
this allowed executive branch departments and agencies
Alexis Arieff, Specialist in African Affairs
flexibility in case they chose to restart some aid prior to
Marian L. Lawson, Specialist in Foreign Assistance Policy
democratic elections. In the case of Zimbabwe, assistance
Susan G. Chesser, Senior Research Librarian
that could have been restricted under Section 7008 was
IF11267
already prohibited under other legislation.
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Coup-Related Restrictions in U.S. Foreign Aid Appropriations
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