Updated October 26, 2021
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Recent events in Sudan, Guinea, Burma, and Mali have
Funds administered by the State Department and U.S.
brought attention to a provision that has appeared in annual
Agency for International Development (USAID).
State, Foreign Operations and Related Programs (SFOPS)
Generally, military training and equipment authorized
appropriations legislation since 1986 that restricts U.S.
foreign assistance following a coup d’état.
to be provided by the Department of Defense under 10
U.S.C. 333, as that authority prohibits assistance “that
What Is Section 7008?
is otherwise prohibited by any provision of law.”
In its current form (P.L. 116-260, Division K), Section
Section 7008 explicitly exempts aid to promote democracy.
7008 states that:
The restriction also has generally not applied to
None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act
aid fully implemented by nongovernmental
shall be obligated or expended to finance directly any
organizations rather than the government,
assistance to the government of any country whose duly
aid authorized or appropriated “notwithstanding” any
elected head of government is deposed by military coup
other provision of law, which in FY2021 includes most
d'etat or decree or, after the date of enactment of this
humanitarian assistance; funds provided through the
Act, a coup d'etat or decree in which the military plays
Assistance for Europe, Eurasia, and Central Asia
a decisive role: Provided, That assistance may be
(AEECA) account; aid to some specific countries (e.g.,
resumed to such government if the Secretary of State
Egypt and Pakistan, along with certain aid for Sudan);
certifies and reports to the appropriate congressional
and aid for some specific purposes (e.g., counter-
committees that subsequent to the termination of
narcotics, counter-crime, and anti-terrorism), or
assistance a democratically elected government has
taken office: Provided further, That the provisions of
aid the President has authority to provide in certain
this section shall not apply to assistance to promote
conditions notwithstanding restrictions in law, subject to
congressional notification.
democratic elections or public participation in
democratic processes: Provided further, That funds
Section 7008 does not include waiver authority, and does
made available pursuant to the previous provisos shal
not set a time parameter or format for certifying that a coup
be subject to the regular notification procedures of the
has taken place, or subsequently that a “democratically
Committees on Appropriations.
elected government has taken office.”
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,” a term
FY1985 (P.L. 98-473), prohibited any appropriation from
not defined in statute.
being obligated to El Salvador if the elected President of
that country was deposed by military coup (§537). The
The titles that Section 7008 references encompass Bilateral
following year, the enacted foreign aid appropriation, P.L.
Economic Assistance (III), International Security
99-190, expanded the provision to prohibit funds “to any
Assistance (IV), Multilateral Assistance (V), and Export
country whose duly elected Head of Government is deposed
and Investment Assistance (VI). The restriction is not a
by military coup or decree” (§513). Some version of the
general one; it applies to selected types of aid, including
“coup provision” has been included in every foreign aid
Foreign assistance provided to the government, i.e.,
appropriations measure since FY1986. Congress has made
implemented through or in cooperation with host
several changes to the section over time, the most
governments.
significant of which are depicted in Figure 1.
https://crsreports.congress.gov
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
elections, in which Mugabe was reelected, “did not
U.S. executive branch interpretations and application of the
represent the will of the Zimbabwean people.”
provision have varied across situations. Cases in which the
Algeria 2019. The army chief of staff called on
provision has been applied have generally involved the
parliament to impeach the president, who then resigned.
military ouster of an elected president. Section 7008 is
U.S. officials did not publicly comment on whether
currently in effect with regard to Guinea (coup in 2021),
these events constituted a coup d’état.
Burma (2021), Mali (2020) and Sudan (1989).
In two of these cases (Honduras and Niger), U.S. officials
Once invoked, Section 7008 restrictions can be lifted only if
chose, as a matter of policy, to suspend aid consistent with
the Secretary of State reports to Congress that a
the provisions of Section 7008. While producing a similar
democratically elected government has taken office. In the
result, this allowed flexibility for the executive branch to
case of Sudan, the 116th Congress enacted legislation
restart some aid prior to democratic elections. In the case of
permitting certain aid to be provided “notwithstanding”
Zimbabwe, aid that could have been restricted under
other provisions of law, with some exceptions (§7042(j) of
Section 7008 was already prohibited under other legislation.
P.L. 116-260, Division K; and Subtitle G of Title XII, P.L.
Regarding Egypt, Congress enacted new language in
116-283). During the past decade, the provision was
SFOPS appropriations measures from FY2014 onward,
temporarily in effect for the following countries, according
making funds available, subject to certain conditions,
to U.S. government public documents:
“notwithstanding” any other provision of law (currently,
Fiji (2006 coup; lifted after 2014 elections)
§7041(a) of P.L. 116-260, Division K).
Madagascar (2009 coup; lifted after 2014 elections)
Policy Questions
Guinea-Bissau (2012 coup; lifted after 2014 elections)
As Congress considers SFOPS appropriations for FY2022
Mali (2012 coup; lifted after 2013 elections)
and beyond, and contemplates U.S. policy toward foreign
Thailand (2014 coup, lifted after 2019 elections)
governments that assume power by coup, it may revisit
In other cases, the executive branch has not invoked Section
Section 7008 and consider whether the existing provisions
7008, on various grounds. For example:
support congressional intent. Congress may consider:
Honduras 2009. The State Department referred to the
Waiver. Should waiver authority be added to the provision,
military’s arrest and forced exile of the sitting president
or do existing workarounds—such as the notwithstanding
as a “coup d’état,” but asserted that these events were
provisions for certain countries and certain types of
not, strictly speaking, a “military coup,” citing the
assistance, which may be created after the fact—provide
“complexity” of actors involved, including the courts
sufficient policy flexibility?
and legislature (which endorsed the military’s actions).
Determination. Should a determination of the coup
Congress subsequently changed the title of the provision
provision’s applicability be required within a specified time
from “military coups” to “coups d’état” (Figure 1).
period? If so, should the determination remain fully
Niger 2010. The State Department determined that
delegated to the Administration? Is there a role for
Niger’s president, who was ousted by the military, had
Congress in such determinations?
ceased to be “duly elected” because he had overstayed
Intention. Is the current proviso on a resumption of aid
his original constitutional tenure.
sufficient to adequately support a U.S. policy of objecting
Egypt 2013. Amid mass protests, the military deposed
to a coup d’état? Should the overthrow of non-“duly
an elected president, suspended the constitution, and
elected” leaders be punished as well? Should policymakers
installed the defense minister as interim president. The
be granted the ability to lift the provision if the military
State Department did not issue a determination as to
transfers control to a civilian-led transitional government,
whether or not a coup occurred.
even if that government is not elected?
Burkina Faso 2014. Military commanders pressured the Policy and Program Implications. Should the resumption
president to step down amid protests, and retained
of aid following an election in a country where the
influence in a civilian-led transitional government. U.S.
provision has been applied trigger other U.S. policy
officials referred to events as a “popular uprising.”
responses, such as an evaluation of the status of democracy
Zimbabwe 2017. The army seized control of key
in the country and whether governance or security sector
facilities and pressed President Robert Mugabe to
reform programs are merited? Should any additional actions
resign. The ruling party then removed Mugabe as its
to deter future ousters of elected leaders be pursued?
leader, after which he resigned. U.S. officials did not
refer to these events as a coup d’état. The State
Department had earlier stated that Zimbabwe’s 2013
https://crsreports.congress.gov
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Alexis Arieff, Specialist in African Affairs
Further Reading on Selected Countries
Algeria: CRS In Focus IF11116, Algeria
Marian L. Lawson, Section Research Manager
Burma: CRS Insight IN11594, Coup in Burma (Myanmar):
Susan G. Chesser, Senior Research Librarian
Issues for U.S. Policy
IF11267
Egypt: CRS Report RL33003, Egypt: Background and U.S.
Relations
Honduras Political Crisis: CRS Report R41064, Honduran
Political Crisis, June 2009-January 2010
Mali: CRS In Focus IF10116, Crisis in Mali
Sudan: CRS In Focus IF10182, Sudan
Thailand: CRS In Focus IF10253, Thailand: Background and
U.S. Relations
Zimbabwe 2017 Events: CRS Insight IN10819, Zimbabwe: A
Military-Compel ed Transition?
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https://crsreports.congress.gov | IF11267 · VERSION 8 · UPDATED