Coup-Related Restrictions in U.S. Foreign Aid Appropriations

Coup-Related Restrictions in U.S. Foreign Aid Appropriations

Updated December 12, 2023
Coup-Related Restrictions in U.S. Foreign Aid Appropriations
Events in Africa and Burma have brought attention to a
International Security Assistance (IV), Multilateral
provision in annual State, Foreign Operations, and Related
Assistance (V), and Export and Investment Assistance (VI).
Programs (SFOPS) appropriations legislation that restricts
Within those categories, the restriction applies to foreign
U.S. foreign assistance following a coup d’état.
assistance provided “to the government,” i.e., implemented
What Is Section 7008?
by host governments or to their benefit. Section 7008
In its current form (P.L. 117-328, Division K, carried into
explicitly exempts aid to promote democracy. Congress
FY2024 via continuing resolutions), Section 7008 provides:
also has authorized or appropriated certain assistance to be
provided “notwithstanding” legal restrictions, including
(a) Prohibition.—None of the funds appropriated or
otherwise made available pursuant to titles III through
• aid for certain specific purposes (e.g., humanitarian
VI of this Act shall be obligated or expended to finance
assistance, certain internal security force assistance, debt
directly any assistance to the government of any
restructuring, and education),
country whose duly elected head of government is
• funds provided through the Assistance for Europe,
deposed by military coup d'etat or decree or, after the
Eurasia and Central Asia (AEECA) account, and for
date of enactment of this Act, a coup d'etat or decree in
some specific countries (e.g., Egypt, Pakistan, and
which the military plays a decisive role: Provided, That
certain aid to Burma and Sudan), or
assistance may be resumed to such government if the
•
Secretary of State certifies and reports to the
aid that the President determines to be necessary for
appropriate congressional committees that subsequent
national security, subject to congressional notification.
to the termination of assistance a democratically
In practice, military aid is often most directly affected. In
elected government has taken office: Provided further,
addition to State Department-administered military aid
That the provisions of this section shall not apply to
(appropriated under Title IV), Section 7008 generally halts
assistance to promote democratic elections or public
Department of Defense train-and-equip programs under 10
participation in democratic processes, or to support a
U.S.C. §333, as that authority prohibits assistance “that is
democratic transition: Provided further, That funds
otherwise prohibited by any provision of law.”
made available pursuant to the previous provisos shall
Section 7008 sets no time parameter or format for certifying
be subject to prior consultation with, and the regular
either that a coup has taken place, or subsequently that a
notification procedures of, the Committees on
“democratically elected government has taken office.”
Appropriations.
Congress added the waiver provision in FY2023 to
“improve consistency and transparency” in the application
(b) Waiver.—The Secretary of State, following
consultation with the heads of relevant Federal
of Section 7008, per the explanatory statement.
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
States: Provided, That funds made available pursuant
made several changes to the section over time (Figure 1).
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.
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 restriction is not exhaustive; it applies to selected types
of aid that are generally administered by the State
Department and U.S. Agency for International
Development (USAID). The titles that Section 7008

references encompass Bilateral Economic Assistance (III),
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
Gabon and Niger (since October 2023), Burkina Faso
restart some programs at its discretion. In the case of
(2022), Guinea (2021), Burma (2021), Mali (2020), and
Zimbabwe, aid that could have been restricted under
Sudan (1989). Once invoked, Section 7008 can be lifted
Section 7008 was already prohibited under other legislation.
only if the Secretary of State reports to Congress that a
Regarding Egypt, Congress enacted new language in
democratically elected government has taken office. For
SFOPS appropriations measures from FY2014 onward,
Burma, Congress has enacted annual SFOPS provisions
making funds available, subject to certain conditions,
making certain types of aid available “notwithstanding” any
“notwithstanding” any other provision of law.
other provision of law. In the case of Sudan, after a 2019
Selected Policy Questions
change in government, Congress authorized certain types of
As Congress considers SFOPS appropriations for FY2024
aid, for certain purposes, “notwithstanding” many legal
and beyond, it may revisit Section 7008, examine its
restrictions (Subtitle G of Title XII, P.L. 116-283).
impact, and weigh whether its application supports
During the past decade, the provision was temporarily in
congressional intent. Congress may consider, for example:
effect for the following countries:
Impact. What has been the impact of Section 7008 on
• Fiji (2006 coup; lifted after 2014 elections)
deterring further coups, and how might this be measured?
• Madagascar (2009 coup; lifted after 2014 elections)
Does the restriction inadvertently result in a loss of U.S.
• Guinea-Bissau (2012 coup; lifted after 2014 elections)
leverage or benefit adversaries who are not subject to such
• Thailand (2014 coup, lifted after 2019 elections)
constraints? Does the law provide appropriate flexibility to
continue certain aid and security cooperation if warranted?
In some other previous cases, the executive branch has not
invoked Section 7008, on various grounds. For example:
Waiver. The new waiver authority has not been publicly
•
invoked to date, although news reports suggest that officials
Honduras 2009. The State Department referred to the
military’s arrest and forced exile of the sitting president
have considered it for Burkina Faso. Has the waiver option
as a “
prompted more expeditious designation of coups (e.g., in
coup d’état,” but asserted that these events were
Niger and Gabon in 2023)? Do the consultation and
not, strictly speaking, a “military coup,” citing the
“complexity” of actors involved, including the courts
notification requirements enable adequate oversight?
and legislature (which endorsed the military’s actions).
Determination. Should a determination of Section 7008’s
Congress subsequently changed the title of the provision
applicability be required within a specified timeframe, and
from “military coups” to “coups d’état” (Figure 1).
how would this be defined? Is there a role for Congress, or
•
independent third parties, in the determination process?
Niger 2010. The State Department determined that
Niger’s president, who was ousted by the military, had
Intention. Do current provisos adequately support a policy
ceased to be “duly elected” because he had overstayed
of deterring coups d’état? Should Congress target other
his original constitutional tenure.
actions, such as the overthrow of non-“duly elected”
•
leaders? Should policymakers be able to lift restrictions if a
Egypt 2013. Amid protests, the military deposed an
civilian-led government is seated, even if unelected?
elected president, suspended the constitution, and
installed an interim president. The State Department did
Oversight and Implications. Does Congress receive
not issue a determination as to whether a coup occurred.
sufficient information on the impact of Section 7008?
•
Should the resumption of aid in a country where Section
Burkina Faso 2014. Military commanders pressured the
7008 has been applied trigger other U.S. actions, such as an
president to step down amid protests, and retained
evaluation of whether governance or security sector reform
influence in a civilian-led transitional government. U.S.
assistance may be warranted?
officials referred to events as a “popular uprising.”
• Zimbabwe 2017. The army seized control of key
Selected CRS Resources
facilities and pressed President Robert Mugabe to
CRS In Focus IF10434, Burkina Faso: Conflict and Military Rule
resign. The ruling party then removed Mugabe as its
CRS In Focus IF12331, Burma: Background and U.S. Relations
leader, after which he resigned. The State Department
CRS In Focus IF11817, Chad: Implications of President Déby’s
did not refer to events as a coup d’état. The Department
Death and Transition
had previously stated that Mugabe’s 2013 reelection
CRS Report RL33003, Egypt: Background and U.S. Relations
“did not represent the will of the Zimbabwean people.”
CRS Report R41064, Honduran Political Crisis, June 2009-January
• Algeria 2019. The army chief of staff called on
2010
parliament to impeach the president, who then resigned.
CRS In Focus IF10116, Crisis in Mali
U.S. officials did not publicly comment on whether
CRS In Focus IF12464, Niger: In Focus
these events constituted a coup d’état.
CRS In Focus IF10182, Sudan
• Chad 2021. A military council seized power, bypassing
CRS In Focus IF10253, Thailand: Background and U.S. Relations
the constitutional line of succession, after the battlefield

death of the president. U.S. officials called for a
“
Alexis Arieff, Specialist in African Affairs
peaceful democratic transition of power to a civilian-
led government” but did not refer to events as a “coup.”
Nick M. Brown, Analyst Foreign Assistance
IF11267
https://crsreports.congress.gov

Coup-Related Restrictions in U.S. Foreign Aid Appropriations

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https://crsreports.congress.gov | IF11267 · VERSION 16 · UPDATED