𝗪𝗛𝗬 𝗭𝗗𝗘𝗥𝗔 𝗖𝗔𝗡’𝗧 𝗕𝗘 𝗔 𝗦𝗔𝗡𝗖𝗧𝗜𝗢𝗡?

The purpose of this post is to educate, not to undermine the current ZANU PF fight against the individual sanctions still imposed on 11 key Zimbabweans.

The intent is to remind our government not to continue signing contracts that it cannot honor as it did with ESAP, and now white farmer compensation.

For years, we've debated whether the Zimbabwe Democracy and Economic Reconstruction Act (ZDERA) is a sanction or not. I used to believe it was a sanction until I carefully read the act and realized it is not a sanction.

Instead, ZDERA is an act that asks the US President to impose sanctions on alleged human rights violators (who were never tried) and to outline the process for removing those sanctions.

I also realized that ZDERA isn't a sanction because it doesn't follow legal practice used in sanctions administration.

1.⁠ According to the preamble and purpose of ZDERA, Zimbabwe signed onto ESAP (the Structural Adjustment Program) in 1990-91 but failed to adhere to its terms.

Loans given by multilateral lenders for the ESAP were used by Zimbabwe to fund the Congo War, instead of being allocated for infrastructure, transport, hospitals, and debt amortization, as stipulated in the pre-approved loan agreements with the IMF, World Bank, and International Development Agency.

After Zimbabwe was suspended from these institutions, the US, as the largest contributor to these loans, then instructed its representatives at these institutions to vote against further loans or debt cancellation for Zimbabwe, to prevent further indebtedness and misuse of funds.

2. It’s clear that Zimbabwe upset imperial interests by intervening in the Congo and taking back its land, but we also gave them an excuse to retaliate by not adhering to contracts we signed on our own.

Today, Zimbabwe is struggling to repay its multilateral debts and, despite being barred from getting further loans, we have incurred even more debt from China, which we are struggling to repay.

Now, Zim government has hired a former Rothschild lawyer to restructure the same debt with the same enemy that denied us further loans due to perceived irresponsibility. This irony underscores the US's concerns about Zimbabwe's fiscal management. If Zimbabwe had continued receiving loans despite its debt burden, how much worse would the debt crisis be today, Zambian level?

3. So, is US instructing its representatives to vote against further Zim loans or debt relief a sanction? First, we must ask how US sanctions are imposed and who administers them.

4. National Emergency: All US sanctions follow a declaration of a national emergency by the President, identifying the target as a threat to US interests under the National Emergency Act.

Did ZDERA declare a national emergency against Zimbabwe or label it a threat to US interests? No.

5. IEEPA: The President then uses the IEEPA (International Emergency Economic Powers Act) to deploy economic weapons against the threat, prohibiting US nationals and allies from assisting the target economically. These are generic sanctions imposed to neutralize the threat.

Did ZDERA invoke IEEPA against Zimbabwe? No.

6. EO Sanctions: The President also issues specific Executive Order (EO) sanctions against the identified threat.

Did ZDERA impose any Executive Order sanctions on Zimbabwe? No. Can Congress issue Executive Orders? No—only the President can.

7. Authorization: Once Executive Order sanctions are in place, the President hands over authority to manage the sanctions to the Department of Treasury, Department of State, and overseeing sanctions Office of Foreign Assets Control (OFAC).

Are these departments managing ZDERA? No.

8. Federal Regulations: Finally, for the Treasury and OFAC to administer sanctions, they require CFR (code federal regulations) to legally specify how sanctions will be managed.

Is there a federal code for ZDERA? No. This is why ZDERA can’t be considered a sanction.