A critical look at the revocation of US sanctions on Zimbabwe while maintaining ZDERA- By Jonathan Moyo

1. Zdera as the Enabling Act for the US ‘Zimbabwe Sanctions Programme’ since 2001

For the record, it should be noted that while Biden’s revocation Executive Order 14118 of 4 March 2024 gives the impression that US sanctions on Zimbabwe originate from or start with Executive Order 13288 of 6 March 2003, the historic fact is that this is grossly misleading because the foundation of US sanctions on Zimbabwe is in fact the so-called Zimbabwe Democracy and Economic Recovery Act of 2001 (Zdera); a notorious law that has become too inconvenient for the US to mention, let alone to acknowledge, in its propaganda that its sanctions have nothing to do with Zdera; and that the sanctions always and only targeted individuals that allegedly “undermine Zimbabwe’s democratic processes or institutions”; when in fact the US sanctions have, since their inception, targeted Zimbabwe itself as ‘country-sanctions’ with Zdera as the enabling law of the sanctions.

Over the last 21 years, US officials and their running dogs in Zimbabwe have falsely claimed that Zdera is not a sanctions law.

Even on the day Biden revoked the three ‘national emergency’ orders on 4 March 2024; David Gainer, Acting Deputy Assistant Secretary of State – Bureau of African Affairs, and Brad Brooks-Rubin, Senior Advisor to the Office of Sanctions Coordination – United States Department of State; made this false claim about Zdera:

“The actions this week do not affect the Zimbabwe Democracy and Economic Recovery Act of 2001, also known as ZDERA.  Importantly, ZDERA is not a sanction – it is legislation passed by the U.S. Congress and signed by the U.S. president in 2001.   ZDERA – it is also very important to note – has never been invoked because Zimbabwe is in arrears to its international creditors.”

https://www.state.gov/digital-press-briefing-with-david-gainer-acting-deputy-assistant-secretary-of-state-bureau-of-african-affairs-and-brad-brooks-rubin-senior-advisor-to-the-office-of-sanctions-coordination/

The false line that Zdera “is not a sanction”, but “it is legislation” about what Zimbabwe needs to do to access funding of one sort or another from multilateral financial institutions is one often touted by the US Embassy in Zimbabwe, with the example below being a case in point:

“The Zimbabwe Democracy and Economic Recovery Amendment Act (ZDERA) of 2018 outlines the steps Zimbabwe needs to take to gain the support of the United States Government for new lending through international financial institutions”.

https://x.com/USEmbZim/status/1319632897205293057?s=20

Commenting on ‘U.S. Sanctions on Zimbabwean Individuals and Entities’ in a statement that welcomed Biden’s Executive Order 14118 on 4 March 2024, the National Security Council Spokesperson Adrienne Watson drew a straight line linking sanctions with Zdera when he said:

“The Administration reaffirms its commitment to work with the people of Zimbabwe; will continue to robustly support civil society, human rights defenders, and independent media to promote values consistent with the Zimbabwe Democracy and Economic Recovery Act of 2001.”

https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/04/statement-by-national-security-council-spokesperson-adrienne-watson-on-u-s-sanctions-on-zimbabwean-individuals-and-entities/?s=03

It is indeed true that section 4(c) of Zdera specifically directs the United States Executive Director to each international financial institution to oppose and vote against any extension by the institution of any loan, credit, or guarantee to the Government of Zimbabwe or any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution.

But this is not all that Zdera provides.

It is also true that Zdera imposes visa restrictions and economic sanctions on individuals as provided in the three executive orders revoked by Biden on 4 March 2024, namely; Executive 13288 of 4 March 2003, Executive Order 13391 of 22 November 2005 and Executive Order 13469 of 25 July 2008.

Continued next page

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