Updated March 16, 2023
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Events in Africa and Burma have brought attention to a
administered by the State Department and U.S. Agency for
provision in annual State, Foreign Operations and Related
International Development. The restriction is not a general
Programs (SFOPS) appropriations legislation that restricts
one; it applies to selected types of aid, including:
U.S. foreign assistance following a coup d’état.
Foreign assistance provided to the government, i.e.,
What Is Section 7008?
implemented through or with host governments.
In its current form (P.L. 117-328, Division K), Section
Military training and equipment authorized to be
7008 provides the following:
provided by the Department of Defense under 10
(a) Prohibition.--None of the funds appropriated or
U.S.C. §333, as that authority prohibits assistance “that
otherwise made available pursuant to titles III through
is otherwise prohibited by any provision of law.”
VI of this Act shall be obligated or expended to finance
In practice, military aid is often most directly affected.
directly any assistance to the government of any
country whose duly elected head of government is
Section 7008 explicitly exempts aid to promote democracy.
deposed by military coup d'etat or decree or, after the
Congress also has authorized or appropriated certain
date of enactment of this Act, a coup d'etat or decree in
assistance to be provided “notwithstanding” legal
which the military plays a decisive role: Provided,
restrictions such as Section 7008, including:
That assistance may be resumed to such government if
most aid implemented by nongovernmental entities,
the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent
aid for certain specific purposes (e.g., humanitarian
to the termination of assistance a democratically
assistance, certain internal security force assistance, debt
elected government has taken office: Provided further,
restructuring, and education),
That the provisions of this section shall not apply to
funds provided through the Assistance for Europe,
assistance to promote democratic elections or public
Eurasia and Central Asia (AEECA) account, and for
participation in democratic processes, or to support a
some specific countries (e.g., Egypt, Pakistan, and
democratic transition: Provided further, That funds
certain aid to Burma and Sudan), or
made available pursuant to the previous provisos shall
aid that the President determines to be necessary for
be subject to prior consultation with, and the regular
national security, subject to congressional notification.
notification procedures of, the Committees on
Appropriations.
Section 7008 sets no time parameter or format for certifying
either that a coup has taken place, or subsequently that a
(b) Waiver.--The Secretary of State, following
“democratically elected government has taken office.”
consultation with the heads of relevant Federal
agencies, may waive the restriction in this section on a
Legislative History
program-by-program basis if the Secretary certifies and
Legislation restricting foreign assistance after coups was
reports to the Committees on Appropriations that such
first considered in the 1980s in the context of congressional
waiver is in the national security interest of the United
concern about a possible coup in El Salvador. Congress has
made several changes to the section over time (Figure 1).
States: Provided, That funds made available pursuant
to such waiver shall be subject to prior consultation
Figure 1. Section 7008: Origins and Key Changes
with, and the regular notification procedures of, the
Committees on Appropriations.
The waiver provision was added in FY2023 (Figure 1).
Key elements in determining whether Section 7008
restrictions apply to a situation are:
whether a country’s military has overthrown, or played a
decisive role in overthrowing, the government, and
whether the deposed leader was “duly elected,” a term
not defined in statute.
The titles that Section 7008 references encompass Bilateral
Economic Assistance (III), International Security
Assistance (IV), Multilateral Assistance (V), and Export
and Investment Assistance (VI). Such funds are generally
Source: CRS graphic, based on SFOPS appropriations measures.
https://crsreports.congress.gov
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Interpretation and Application of Section 7008
In two of these cases (Honduras and Niger), U.S. officials
Cases in which the executive branch has applied Section
chose, as a matter of policy, to suspend aid consistent with
7008 have generally involved the military ouster of an
the provisions of Section 7008. While producing a similar
elected president. Section 7008 is currently in effect for
result, this allowed flexibility for the executive branch to
Burkina Faso (since a coup in 2022), Guinea (2021),
restart some aid at its discretion. In the case of Zimbabwe,
Burma (2021), Mali (2020), and Sudan (1989). Once
aid that could have been restricted under Section 7008 was
invoked, Section 7008 can be lifted only if the Secretary of
already prohibited under other legislation. Regarding
State reports to Congress that a democratically elected
Egypt, Congress enacted new language in SFOPS
government has taken office. Regarding Burma, Congress
appropriations measures from FY2014 onward, making
has enacted annual SFOPS provisions making certain types
funds available, subject to certain conditions,
of aid available “notwithstanding” any other provision of
“notwithstanding” any other provision of law.
law. In the case of Sudan, after a 2019 change in
Selected Policy Questions
government, Congress authorized certain types of aid, for
As Congress considers SFOPS appropriations for FY2024
certain purposes, “notwithstanding” many legal restrictions
and beyond, it may revisit Section 7008 and consider
(Subtitle G of Title XII, P.L. 116-283).
whether its application supports congressional intent.
During the past decade, the provision was temporarily in
Notably, the addition of waiver authority in FY2023 may
effect for the following countries:
introduce new flexibility for the executive branch to
Fiji (2006 coup; lifted after 2014 elections)
provide otherwise prohibited assistance, subject to
Madagascar (2009 coup; lifted after 2014 elections)
consultation with and notification to the Committees on
Guinea-Bissau (2012 coup; lifted after 2014 elections)
Appropriations. Congress may consider:
Mali (2012 coup; lifted after 2013 elections)
National Security Waiver. How often is the new waiver
Thailand (2014 coup, lifted after 2019 elections)
authority under Section 7008 invoked, and with what
impact on country-specific and global policy goals? Does
In some other cases, the executive branch has not invoked
the option of a waiver prompt more forthright designation
Section 7008, on various grounds. For example:
of coups? Does the notification requirement enable
Honduras 2009. The State Department referred to the
adequate congressional oversight?
military’s arrest and forced exile of the sitting president
as a “
Determination. Should a determination of Section 7008’s
coup d’état,” but asserted that these events were
not, strictly speaking, a “military coup,” citing
applicability be required within a specified timeframe?
the
Does the provision’s characterization of a coup
“complexity” of actors involved, including the courts
match
and legislature (which endorsed the military’s actions).
congressional intent? Is there a role for Congress, or
nonpartisan third parties, in the determination process?
Congress subsequently changed the title of the provision
from “military coups” to “coups d’état” (Figure 1).
Intention. Do current provisos adequately support a policy
of deterring coups d’état? Should Congress target other
Niger 2010. The State Department determined that
Niger’s president, who was ousted by the military, had
actions, such as the overthrow of non-“duly elected”
ceased to be “duly elected” because he had overstayed
leaders? Should policymakers be able to lift restrictions if a
civilian-led government is seated, even if unelected?
his original constitutional tenure.
Oversight and Implications. Does Congress receive
Egypt 2013. Amid protests, the military deposed an
sufficient information on the impact of Section 7008?
elected president, suspended the constitution, and
Should the resumption of aid in a country where Section
installed an interim president. The State Department did
7008 has been applied trigger other U.S. actions, such as an
not issue a determination as to whether a coup occurred.
evaluation of whether governance or security sector
Burkina Faso 2014. Military commanders pressured the assistance may be warranted?
president to step down amid protests, and retained
influence in a civilian-led transitional government. U.S.
Selected CRS Resources
officials referred to events as a “popular uprising.”
CRS Insight IN11854, “An Epidemic of Coups” in Africa? Issues
for Congress
Zimbabwe 2017. The army seized control of key
CRS In Focus IF10434, Burkina Faso: Conflict and Military Rule
facilities and pressed President Robert Mugabe to
CRS In Focus IF12331, Burma: Background and U.S. Relations
resign. The ruling party then removed Mugabe as its
CRS In Focus IF11817, Chad: Implications of President Déby’s
leader, after which he resigned. The State Department
did not refer to events as a coup d’état
Death and Transition
. The Department
CRS Report RL33003, Egypt: Background and U.S. Relations
had previously stated that Mugabe’s 2013 reelection
“did
CRS Report R41064, Honduran Political Crisis, June 2009-January
not represent the will of the Zimbabwean people.”
2010
Algeria 2019. The army chief of staff called on
CRS In Focus IF10116, Crisis in Mali
parliament to impeach the president, who then resigned.
CRS In Focus IF10182, Sudan
U.S. officials did not publicly comment on whether
CRS In Focus IF10253, Thailand: Background and U.S. Relations
these events constituted a coup d’état.
Chad 2021. A military council seized power, bypassing
the constitutional line of succession, after the battlefield
Alexis Arieff, Specialist in African Affairs
death of the president. U.S. officials called for a
Nick M. Brown, Analyst Foreign Assistance
“peaceful democratic transition of power to a civilian-
Travis A. Ferrell, Research Librarian
led government” but did not refer to events as a “coup.”
IF11267
https://crsreports.congress.gov
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
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https://crsreports.congress.gov | IF11267 · VERSION 14 · UPDATED