Updated February 24, 2022
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Recent events in Burkina Faso, Sudan, Guinea, Burma, and
Funds administered by the State Department and U.S.
Mali have brought attention to a provision that has appeared
Agency for International Development (USAID).
in annual State, Foreign Operations and Related Programs
Generally, military training and equipment authorized
(SFOPS) appropriations legislation since 1986 that restricts
to be provided by the Department of Defense under 10
U.S. foreign assistance following a coup d’état.
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, extended into
Section 7008 explicitly exempts aid to promote democracy.
FY2022 by continuing resolution), Section 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
conditions notwithstanding restrictions in law, subject to
this section shall not apply to assistance to promote
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 shall
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. Cases in which the provision has
Algeria 2019. The army chief of staff called on
been applied have generally involved the military ouster of
parliament to impeach the president, who then resigned.
an elected president. Section 7008 is currently in effect with
U.S. officials did not publicly comment on whether
regard to Burkina Faso (coup in 2022), Guinea (2021),
these events constituted a coup d’état.
Burma (2021), Mali (2020) and Sudan (1989). Once
Chad 2021. A military council seized power, bypassing
invoked, Section 7008 restrictions can be lifted only if the
the constitutional line of succession, after the battlefield
Secretary of State reports to Congress that a democratically
death of the president. U.S. officials called for a
elected government has taken office. In the case of Sudan,
“peaceful democratic transition of power to a civilian-
the 116th Congress enacted legislation permitting certain aid
led government” but did not refer to events as a “coup.”
to be provided “notwithstanding” other provisions of law,
with some exceptions (§7042(j) of P.L. 116-260, Division
In two of these cases (Honduras and Niger), U.S. officials
K; and Subtitle G of Title XII, P.L. 116-283).
chose, as a matter of policy, to suspend aid consistent with
the provisions of Section 7008. While producing a similar
During the past decade, the provision was temporarily in
result, this allowed flexibility for the executive branch to
effect for the following countries, according to U.S.
restart some aid prior to democratic elections. In the case of
government public documents:
Zimbabwe, aid that could have been restricted under
Fiji (2006 coup; lifted after 2014 elections)
Section 7008 was already prohibited under other legislation.
Madagascar (2009 coup; lifted after 2014 elections)
Regarding Egypt, Congress enacted new language in
Guinea-Bissau (2012 coup; lifted after 2014 elections)
SFOPS appropriations measures from FY2014 onward,
Mali (2012 coup; lifted after 2013 elections)
making funds available, subject to certain conditions,
Thailand (2014 coup, lifted after 2019 elections)
“notwithstanding” any other provision of law (currently,
In other cases, the executive branch has not invoked Section
§7041(a) of P.L. 116-260, Division K).
7008, on various grounds. For example:
Policy Questions
Honduras 2009. The State Department referred to the
As Congress considers SFOPS appropriations for FY2022
military’s arrest and forced exile of the sitting president
and beyond, it may revisit Section 7008 and consider
as a “coup d’état,” but asserted that these events were
whether its application supports congressional intent.
not, strictly speaking, a “military coup,” citing the
Congress may consider:
“complexity” of actors involved, including the courts
Waiver. Should waiver authority be added, or do existing
and legislature (which endorsed the military’s actions).
workarounds—such as notwithstanding provisions for
Congress subsequently changed the title of the provision
certain countries and certain types of aid, which may be
from “military coups” to “coups d’état” (Figure 1).
created after the fact—provide sufficient policy flexibility?
Niger 2010. The State Department determined that
Determination. Should a determination of the coup
Niger’s president, who was ousted by the military, had
provision’s applicability be required within a specified time
ceased to be “duly elected” because he had overstayed
period? If so, should the determination remain fully
his original constitutional tenure.
delegated to the Administration? Is there a role for
Egypt 2013. Amid mass protests, the military deposed
Congress in such determinations?
an elected president, suspended the constitution, and
Intention. Is the current proviso on a resumption of aid
installed the defense minister as interim president. The
sufficient to adequately support a U.S. policy of objecting
State Department did not issue a determination as to
to a coup d’état? Should the overthrow of non-“duly
whether or not a coup occurred.
elected” leaders be punished as well? Should policymakers
Burkina Faso 2014. Military commanders pressured the be granted the ability to lift the provision if the military
president to step down amid protests, and retained
transfers control to a civilian-led transitional government,
influence in a civilian-led transitional government. U.S.
even if that government is not elected?
officials referred to events as a “popular uprising.”
Policy and Program Implications. Should the resumption
Zimbabwe 2017. The army seized control of key
of aid following an election in a country where the
facilities and pressed President Robert Mugabe to
provision has been applied trigger other U.S. policy
resign. The ruling party then removed Mugabe as its
responses, such as an evaluation of the status of democracy
leader, after which he resigned. U.S. officials did not
in the country and whether governance or security sector
refer to these events as a coup d’état. The State
reform programs are merited? Should any additional actions
Department had earlier stated that Zimbabwe’s 2013
to deter future ousters of elected leaders be pursued?
https://crsreports.congress.gov
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Selected CRS Resources
Alexis Arieff, Specialist in African Affairs
CRS Insight IN11854, “An Epidemic of Coups” in Africa? Issues
Marian L. Lawson, Section Research Manager
for Congress
Susan G. Chesser, Senior Research Librarian
CRS In Focus IF10434, Burkina Faso
IF11267
CRS Insight IN11594, Coup in Burma (Myanmar): Issues for U.S.
Policy
CRS Report RL33003, Egypt: Background and U.S. Relations
CRS Report R41064, Honduran Political Crisis, June 2009-January
2010
CRS In Focus IF10116, Crisis in Mali
CRS In Focus IF10182, Sudan
CRS In Focus IF10253, Thailand: Background and U.S. Relations
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF11267 · VERSION 10 · UPDATED