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Updated July 23, 2019
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Events in 2019 in Sudan and Venezuela have focused
Funds administered by the State Department and U.S.
renewed attention on a provision that has appeared in
Agency for International Development (USAID).
annual State, Foreign Operations and Related Programs
“Global train-and-equip” funds authorized to be
(SFOPS) appropriations legislation since 1986 that restricts
provided by the Department of Defense under 10 U.S.C.
U.S. foreign assistance following a coup d’état. The
333, as the authority prohibits assistance “that is
provision intends to discourage and express U.S.
otherwise prohibited by any provision of law.”
disapproval of militaries seizing control of governments.
What Is Section 7008?
The restriction has generally not applied to
In its current form (P.L. 116-6, Division F), Section 7008
aid implemented by nongovernmental organizations
states that
rather than the government, or
None of the funds appropriated or otherwise made
foreign assistance that is authorized or appropriated
available pursuant to titles III through VI of this Act shall
“notwithstanding” any other provision of law, which in
be obligated or expended to finance directly any
FY2019 includes most humanitarian assistance; aid for
assistance to the government of any country whose duly
democracy promotion and education; funds provided
elected head of government is deposed by military coup
through the Assistance for Europe, Eurasia, and Central
d’état or decree or, after the date of enactment of this Act,
Asia (AEECA) account; aid to some specific countries
a coup d’état or decree in which the military plays a
(e.g., Egypt and Pakistan); and aid for some specific
decisive role. Provided, that assistance may be resumed
purposes (counter-narcotics, counter-crime, and counter-
to such government if the Secretary of State certifies and
reports to the appropriate congressional committees that
extremism, for example), or aid that the President has
subsequent to the termination of assistance a
authority to provide in certain conditions
democratically elected government has taken office:
notwithstanding restrictions in law, subject to
Provided further, that the provisions of this section shall
notification.
not apply to assistance to promote democratic elections
Section 7008 does not include waiver authority, and the
or public participation in democratic processes:
proviso regarding resumption of aid after certification that a
Provided further, that funds made available pursuant to
democratically elected government has taken office does
the previous provisos shall be subject to the regular
notification
procedures
of
the
Committees
on
not set a time parameter for such a certification.
Appropriations.
Legislative History
Key elements in determining whether Section 7008
Legislation restricting foreign assistance after coups was
restrictions apply to a situation are
first considered in the context of congressional concern
about a possible coup in El Salvador. The Foreign
whether a country’s military has overthrown, or played a
Assistance and Related Programs Appropriations Act,
decisive role in overthrowing, the government, and
FY1985 (P.L. 98-473), prohibited any appropriation from
whether the deposed leader was “duly elected.”
being obligated to El Salvador if the elected President of
that country was deposed by military coup (§537). The
The restriction is not a general one; it applies to selected
following year, the enacted foreign aid appropriation, P.L.
types of aid, including the following:
99-190, expanded the provision to prohibit funds “to any
country whose duly elected Head of Government is deposed
Foreign assistance funds provided to the government,
by military coup or decree” (§513). Some version of the
including military assistance and economic assistance
“coup provision” has been included in every foreign aid
implemented through or in cooperation with host
appropriations measure since FY1986. Congress has made
governments.
several changes to the section over time, however, the most
significant of which are depicted in Figure 1.
https://crsreports.congress.gov
link to page 2 
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Figure 1. Section 7008: Key Changes
Source: Created by CRS using information from annual Foreign Operations appropriations legislation.
Interpretation and Application of Section 7008
In at least two of these cases (Honduras and Niger), U.S.
U.S. executive branch interpretations and application of the
Administrations chose, as a matter of policy, to suspend aid
provision have varied across situations. During the past 10
consistent with the restrictions under Section 7008. While
years, the coup provision was in effect, at least temporarily,
producing a similar result to application of the provision,
for the following countries, according to public documents
this allowed executive branch departments and agencies
(e.g., Millennium Challenge Corporation eligibility reports
flexibility in case they chose to restart some aid prior to
and State Department country fact sheets):
democratic elections. In the case of Zimbabwe, assistance
Sudan (due to the 1989 coup)
that could have been restricted under Section 7008 was
already prohibited under other legislation.
Côte d’Ivoire (1999 coup; lifted after 2011 elections)
Military aid and other assistance to the governments of
Fiji (2006 coup; lifted after 2014 elections)
Egypt, Burkina Faso, and Algeria was not restricted due to
Mauritania (2008 coup; lifted after 2009 elections)
the events described. For Egypt, Congress enacted new
Madagascar (2009 coup; lifted after 2014 elections)
language in SFOPS appropriations measures from FY2014
Guinea-Bissau (2012 coup; lifted after 2014 elections)
onward, making assistance funds available for the
government “notwithstanding any provision of law
Mali (2012 coup; lifted after 2013 elections)
restricting assistance,” subject to certain conditions
Thailand (2014 coup)
(currently, Section 7041(a) of P.L. 116-6, Division F).
In other countries where the military has ousted, or helped
Policy Questions
oust, a civilian-led government, over the past decade, the
As Congress considers SFOPS appropriations for FY2020
executive branch has not invoked Section 7008, for
and beyond, and contemplates U.S. policy toward foreign
example
governments that assume power by coup, it may revisit
Honduras 2009. The State Department referred to the
Section 7008 and consider whether the existing provisions
military’s arrest and forced exile of the sitting president
support congressional intent. Congress may consider:
as a “coups d’état,” but asserted that these events were
Waiver. Should waiver authority be added to the provision,
not, strictly speaking, a “military coup,” citing the
or do existing work-arounds⸺such as the notwithstanding
“complexity” of actors involved, including the courts
provisions for Egypt and for certain types of assistance,
and legislature (which endorsed the military’s actions).
which may be created after the fact⸺provide sufficient
Congress subsequently changed the title of the provision
policy flexibility?
from “military coups” to “coups d’état” (Figure 1).
Determination. Should a determination of the coup
Niger 2010. The State Department determined that
provision’s applicability be required within a specified time
Niger’s president, who was ousted by the military, had
period? If so, should the determination be fully delegated to
ceased to be “duly elected” because he had overstayed
the Administration, including the interpretation of events
his original constitutional tenure.
and the role of the military? Is there a role for Congress in
Egypt 2013. The State Department did not issue a
such determinations?
determination as to whether or not a coup occurred.
Intention. Is the current proviso on a resumption of aid
Burkina Faso 2014. Military commanders pressured the sufficient to adequately support the U.S. policy of objecting
president to step down amid large protests, and retained
to a coup d’etat? Should the overthrow of non-“duly
influence in a subsequent civilian-led transitional
elected” leaders be punished? Should policymakers be
government. U.S. officials referred to events as a
granted the ability to lift the provision if the military
“popular uprising.”
relinquishes control, as U.S. officials have called for in
Zimbabwe 2017. The army seized control of key
Sudan, even if the civilian government is not elected?
facilities and pressed President Robert Mugabe to
Policy and Program Implications. Should the resumption
resign. The ruling party then removed Mugabe as its
of aid following an election in a country where the
leader, after which he resigned. U.S. officials did not
provision has been applied spur other U.S. policy
refer to these events as a coup d’état. The State
responses, such as an evaluation of the status of democracy
Department had earlier stated that Zimbabwe’s 2013
in the country and whether governance or security sector
elections, in which Mugabe was reelected, “did not
reform programs are merited? Should any additional U.S.
represent the will of the Zimbabwean people.”
actions to help deter future depositions of duly elected
Algeria 2019. The army chief of staff called on
governments be pursued?
parliament to impeach the president, who resigned the
next day. U.S. officials have not publicly commented on
whether these events constituted a coup d’état.
https://crsreports.congress.gov
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Alexis Arieff, Specialist in African Affairs
Further Reading on Selected Countries
Marian L. Lawson, Specialist in Foreign Assistance Policy
Algeria: CRS In Focus IF11116, Algeria: In Focus
Susan G. Chesser, Senior Research Librarian
Côte d’Ivoire Post-Gbagbo: CRS Report RS21989, Côte
IF11267
d’Ivoire Post-Gbagbo: Crisis Recovery
Egypt: CRS Report RL33003, Egypt: Background and U.S.
Relations
Honduran Political Crisis: CRS Report R41064, Honduran
Political Crisis, June 2009-January 2010
Crisis in Mali: CRS Report R42664, Crisis in Mali
Sudan: CRS In Focus IF10182, Sudan
Thailand: CRS In Focus IF10253, Thailand: Background and
U.S. Relations
Zimbabwe: CRS Insight IN10819, Zimbabwe: A Military-
Compelled Transition?
Disclaimer
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