Page 155 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287c

1So in original. Probably should be ‘‘fined’’.

‘‘(B) With respect to each new United Nations

peacekeeping operation that is anticipated to be authorized by a Security Council resolution during such

month, the following information for the period covered by the resolution:

‘‘(i) The anticipated duration, mandate, and command and control arrangements of such operation.

‘‘(ii) An estimate of the total cost to the United

Nations of the operation, and an estimate of the

amount of that cost that will be assessed to the

United States.

‘‘(iii) A description of the functions that would be

performed by any United States Armed Forces participating in or otherwise operating in support of

the operation, an estimate of the number of members of the Armed Forces that will participate in or

otherwise operate in support of the operation, and

an estimate of the cost to the United States of such

participation or support.

‘‘(3) WRITTEN INFORMATION.—The information described in clauses (i) and (iii) of paragraph (2)(A) and

the information described in clauses (i) and (ii) of paragraph (2)(B) shall be provided each month to the designated congressional committees in written form not

later than the 10th day of that month.

‘‘(4) INTERIM INFORMATION.—(A) The President shall

submit to the designated congressional committees a

written interim report if, during the period between the

monthly consultations required by paragraph (1), the

United States learns that the United Nations Security

Council is likely, before the next such consultation, to

vote on a resolution that would authorize a new United

Nations peacekeeping operation and that resolution

was not previously reported on pursuant to paragraph

(2)(B). Each interim report shall include the information described in clauses (i) and (ii) of paragraph (2)(B).

‘‘(B) Any such interim report shall be submitted not

less than 5 days before the vote of the United Nations

Security Council, unless the President determines that

exceptional circumstances prevented compliance with

the requirement to report 5 days in advance. If the

President makes such a determination, the interim report shall be submitted promptly (but in no case later

than 3 days after the vote) and shall include a copy of

the determination and a description of the exceptional

circumstances which were the basis for that determination.

‘‘(5) NOTIFICATION AND QUARTERLY REPORTS REGARDING

UNITED STATES ASSISTANCE.—(A) The President shall notify the designated congressional committees at least

15 days before the United States provides any assistance to the United Nations to support peacekeeping operations. This subparagraph does not apply to—

‘‘(i) assistance having a value of less than $3,000,000

in the case of nonreimburseable [sic] assistance or

less than $14,000,000 in the case of reimburseable [sic]

assistance, or

‘‘(ii) assistance provided under the emergency

drawdown authority of sections 506(a)(1) and 552(c)(2)

of the Foreign Assistance Act of 1961 (22 U.S.C.

2318(a)(1) and 2348a(c)(2)).

‘‘(B) The President shall submit quarterly reports to

the designated congressional committees on all assistance provided by the United States during the preceding calendar quarter to the United Nations to support

peacekeeping operations. Each report shall describe the

assistance provided for each such operation, listed by

category of assistance. The report for the fourth calendar quarter of each year shall be submitted as part

of the annual report required by section 4(d) of the

United Nations Participation Act of 1945 [22 U.S.C.

287b(d)] (as added by subsection (b) of this section) and

shall include cumulative information for the preceding

calendar year.’’

[Functions of President under section 407(a) of Pub.

L. 103–236, set out above, delegated to Secretary of

State, to be exercised in coordination with Secretary of

Defense, by Memorandum of President of the United

States, July 26, 1994, 59 F.R. 40205, set out as a note

under section 2370a of this title.]

DESIGNATED CONGRESSIONAL COMMITTEES

Section 415 of Pub. L. 103–236 provided that: ‘‘For purposes of this part [part A (§§401 to 415) of title IV of

Pub. L. 103–236, enacting section 2321n of this title,

amending this section, enacting provisions set out as

notes under this section and section 287e of this title,

and amending provisions set out as notes under section

287e of this title], the term ‘designated congressional

committees’ means the Committee on Appropriations

and the Committee on Foreign Relations of the Senate

and the Committee on Appropriations and the Committee on Foreign Affairs [now Committee on International Relations] of the House of Representatives.’’

REPORT ON POLICIES PURSUED BY OTHER COUNTRIES IN

INTERNATIONAL ORGANIZATIONS

Pub. L. 98–164, title I, §117, Nov. 22, 1983, 97 Stat. 1022,

as amended by Pub. L. 100–204, title VII, §707, Dec. 22,

1987, 101 Stat. 1390, directed Secretary of State to transmit to the Speaker of the House of Representatives and

the chairman of the Committee on Foreign Relations of

the Senate, by Jan. 31 of each year, a report regarding

policies which each member country of United Nations

pursued in international organizations of which United

States was a member, prior to repeal by Pub. L. 103–236,

title I, §139(27), Apr. 30, 1994, 108 Stat. 399.

§ 287c. Economic and communication sanctions

pursuant to United Nations Security Council

Resolution

(a) Enforcement measures; importation of Rhodesian chromium

Notwithstanding the provisions of any other

law, whenever the United States is called upon

by the Security Council to apply measures

which said Council has decided, pursuant to article 41 of said Charter, are to be employed to

give effect to its decisions under said Charter,

the President may, to the extent necessary to

apply such measures, through any agency which

he may designate, and under such orders, rules,

and regulations as may be prescribed by him, investigate, regulate, or prohibit, in whole or in

part, economic relations or rail, sea, air, postal,

telegraphic, radio, and other means of communication between any foreign country or any national thereof or any person therein and the

United States or any person subject to the jurisdiction thereof, or involving any property subject to the jurisdiction of the United States.

Any Executive order which is issued under this

subsection and which applies measures against

Southern Rhodesia pursuant to any United Nations Security Council Resolution may be enforced, notwithstanding the provisions of any

other law. The President may exempt from such

Executive order any shipment of chromium in

any form which is in transit to the United

States on March 18, 1977.

(b) Penalties

Any person who willfully violates or evades or

attempts to violate or evade any order, rule, or

regulation issued by the President pursuant to

subsection (a) of this section shall, upon conviction, be find 1 not more than $10,000 or, if a natural person, be imprisoned for not more than ten

years, or both; and the officer, director, or agent

of any corporation who knowingly participates

in such violation or evasion shall be punished by

a like fine, imprisonment, or both, and any
§ 287c TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 156

property, funds, securities, papers, or other articles or documents, or any vessel, together with

her tackle, apparel, furniture, and equipment, or

vehicle, or aircraft, concerned in such violation

shall be forfeited to the United States.

(c) Steel mill products containing chromium; certificate of origin; regulations; subpenas; certificate exemption; release from customs custody; definitions

(1) During the period in which measures are

applied against Southern Rhodesia under subsection (a) of this section pursuant to any

United Nations Security Council Resolution, a

shipment of any steel mill product (as such

product may be defined by the Secretary) containing chromium in any form may not be released from customs custody for entry into the

United States if—

(A) a certificate of origin with respect to

such shipment has not been filed with the Secretary; or

(B) in the case of a shipment with respect to

which a certificate of origin has been filed

with the Secretary, the Secretary determines

that the information contained in such certificate does not adequately establish that the

steel mill product in such shipment does not

contain chromium in any form which is of

Southern Rhodesian origin;

unless such release is authorized by the Secretary under paragraph (3)(B) or (C).

(2) The Secretary shall prescribe regulations

for carrying out this subsection.

(3)(A) In carrying out this subsection, the Secretary may issue subpenas requiring the attendance and testimony of witnesses and the production of evidence. Any such subpena may, upon

application by the Secretary, be enforced in a

civil action in an appropriate United States district court.

(B) The Secretary may exempt from the certification requirements of this subsection any

shipment of a steel mill product containing

chromium in any form which is in transit to the

United States on March 18, 1977.

(C) Under such circumstances as he deems appropriate, the Secretary may release from customs custody for entry into the United States,

under such bond as he may require, any shipment of a steel mill product containing chromium in any form.

(4) As used in this subsection—

(A) the term ‘‘certificate of origin’’ means

such certificate as the Secretary may require,

with respect to a shipment of any steel mill

product containing chromium in any form, issued by the government (or by a designee of

such government if the Secretary is satisfied

that such designee is the highest available certifying authority) of the country in which

such steel mill product was produced certifying that the steel mill product in such shipment contains no chromium in any form

which is of Southern Rhodesian origin; and

(B) the term ‘‘Secretary’’ means the Secretary of the Treasury.

(Dec. 20, 1945, ch. 583, §5, 59 Stat. 620; Oct. 10,

1949, ch. 660, §3, 63 Stat. 735; Pub. L. 95–12, §1,

Mar. 18, 1977, 91 Stat. 22.)

REFERENCES IN TEXT

Article 41 of said Charter, referred to in subsec. (a),

is an article of the United Nations Charter.

AMENDMENTS

1977—Subsec. (a). Pub. L. 95–12, §1(1), inserted provision permitting enforcement of any Executive order, issued under this subsection, applying measures against

Southern Rhodesia and permitting Presidential exemption from that Executive order of any shipment of

chromium in transit to the United States on Mar. 18,

1977.

Subsec. (c). Pub. L. 95–12, §1(2), added subsec. (c).

1949—Subsec. (b). Act Oct. 10, 1949, made aircraft subject to forfeiture.

DELEGATION OF AUTHORITY

Authority of President under this section with respect to blocked funds and other assets of Iraqi Government delegated to Secretary of the Treasury by section

1 of Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, set

out as a note under section 1701 of Title 50, War and National Defense.

IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS

FROM ZIMBABWE-RHODESIA

Pub. L. 96–107, title VIII, §818, Nov. 9, 1979, 93 Stat.

818, provided that: ‘‘It is the sense of the Congress that

the United States should have unlimited access to strategic and critical materials which are vital to the defense and security of the United States and that every

effort should be made to remove artificial impediments

against the importation of such materials into the

United States from Zimbabwe-Rhodesia.’’

SANCTIONS AGAINST ZIMBABWE-RHODESIA; REPORT TO

CONGRESS

Pub. L. 96–60, title IV, §408, Aug. 15, 1979, 93 Stat. 405,

provided for termination of sanctions against Zimbabwe-Rhodesia by Nov. 15, 1979, unless the President

determined and reported to Congress that termination

of sanctions would not be in the national interest, with

provision authorizing Congress to reject such Presidential determination, prior to repeal by Pub. L. 97–241,

title V, §505(a)(1), Aug. 24, 1982, 96 Stat. 298.

DETERMINATIONS RESPECTING FUTURE ENFORCEMENT OF

SANCTIONS AGAINST RHODESIA

Pub. L. 95–384, §27, Sept. 26, 1978, 92 Stat. 746, which

related to enforcement of sanctions against Rhodesia,

was repealed by Pub. L. 97–113, title VII, §734(a)(12),

Dec. 29, 1981, 95 Stat. 1560.

SUSPENSION OF AMENDMENT OPERATION BY PRESIDENT;

REPORT TO CONGRESS

Section 2 of Pub. L. 95–12 provided that:

‘‘(a) Upon the enactment of this Act [Mar. 18, 1977],

the President may suspend the operation of the amendments contained in this Act [amending this section] if

he determines that such suspension would encourage

meaningful negotiations and further the peaceful

transfer of governing power from minority rule to majority rule in Southern Rhodesia. Such suspension shall

remain in effect for such duration as deemed necessary

by the President.

‘‘(b) If the President suspends the operation of the

amendments contained in this Act [amending this section], he shall so report to the Congress. In addition,

the President shall report to the Congress when he terminates such suspension.

‘‘(c) If the President suspends the operation of the

amendments contained in this Act [amending this section], any reference in those amendments to date of enactment [Mar. 18, 1977] shall be deemed to be a reference to the date on which such suspension is terminated by the President.’’

EXECUTIVE ORDER NO. 11322

Ex. Ord. No. 11322, Jan. 5, 1967, 32 F.R. 119, which related to transactions involving Southern Rhodesia, was
Page 157 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287c

revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R.

74787, set out below.

EXECUTIVE ORDER NO. 11419

Ex. Ord. No. 11419, July 29, 1968, 33 F.R. 10837, which

related to trade and other transactions involving

Southern Rhodesia, was revoked by Ex. Ord. No. 12183,

Dec. 16, 1979, 44 F.R. 74787, set out below.

EX. ORD. NO. 12183. REVOKING RHODESIAN SANCTIONS

Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, provided:

By the authority vested in me as President by the

Constitution and statutes of the United States of

America, including Section 5 of the United Nations

Participation Act of 1945, as amended (22 U.S.C. 287c),

and in order to terminate current limitations relating

to trade and other transactions involving ZimbabweRhodesia, it is hereby ordered as follows:

1–101. (a) Subject to the provisions of this order, the

following are hereby revoked with respect to transactions occurring after the effective date of this order:

(1) Executive Order 11322 of January 5, 1967 (32 F.R.

119);

(2) Executive Order 11419 of July 29, 1968 (33 F.R.

10837); and

(3) Executive Order 11978 of March 18, 1977 (42 F.R.

15403).

(b) To the extent consistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, licenses, contracts, agreements, and other actions made, issued, taken, or entered into under the provisions of such Executive orders and not previously revoked, superseded, or otherwise made inapplicable, shall continue in full force and

effect until amended, modified, or terminated by appropriate authority.

1–102. (a) The Secretaries of State, the Treasury,

Commerce, and Transportation, and the heads of other

government agencies, shall retain the authority and responsibility for the enforcement of Executive Orders

11322, 11419, and 11978 with respect to transactions occurring prior to the effective date of this order.

(b) The revocation, in Section 1–101 of this order, of

such prior Executive orders shall not affect:

(1) any act done or omitted to be done or any suit or

proceeding finished or started in civil or criminal cases

prior to the revocation, but all such liabilities, penalties, and forfeitures under the Executive orders shall

continue and may be enforced in the same manner as if

the revocation had not been made; or

(2) any violation of any rules, regulations, orders, licenses, or other forms of administrative action under

those revoked orders during the periods those orders

were in effect.

1–103. (a) The Secretaries of State, the Treasury,

Commerce, and Transportation, and the heads of other

government agencies, shall take the appropriate measures to implement this order.

(b) In carrying out their respective functions and responsibilities under this order, the Secretaries of the

Treasury, Commerce, and Transportation, and the

heads of other government agencies, shall, as appropriate, consult with the Secretary of State. Each such

Secretary and agency head and the Secretary of State

shall also consult with other government agencies and

private persons, as appropriate.

JIMMY CARTER.

EX. ORD. NO. 12918. PROHIBITING CERTAIN TRANSACTIONS

WITH RESPECT TO RWANDA AND DELEGATING AUTHORITY WITH RESPECT TO OTHER UNITED NATIONS ARMS

EMBARGOES

Ex. Ord. No. 12918, May 26, 1994, 59 F.R. 28205, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), the

Export Administration Act of 1979, as amended (50

U.S.C. App. 2401 et seq.), the Arms Export Control Act

(22 U.S.C. 2751 et seq.), and section 301 of title 3, United

States Code, and in view of United Nations Security

Council Resolution 918 of May 17, 1994, it is hereby ordered as follows:

SECTION 1. Arms Embargo. The following activities are

prohibited, notwithstanding the existence of any rights

or obligations conferred or imposed by any international agreement or any contract entered into or any

license or permit granted before the effective date of

this order, except to the extent provided in regulations,

orders, directives, or licenses that may hereafter be issued pursuant to this order: (a) The sale or supply to

Rwanda from the territory of the United States by any

person, or by any United States person in any foreign

country or other location, or using any U.S.-registered

vessel or aircraft, of arms and related materiel of all

types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment,

and spare parts for the aforementioned, irrespective of

origin. This prohibition does not apply to activities related to the United Nations Assistance Mission for

Rwanda or the United Nations Observer Mission Uganda-Rwanda or other entities permitted to have such

items by the United Nations Security Council; and

(b) Any willful evasion or attempt to violate or evade

any of the prohibitions set forth in this order, by any

person.

SEC. 2. Definitions. For purposes of this order, the

term: (a) ‘‘Person’’ means a natural person as well as a

corporation, business association, partnership, society,

trust, or any other entity, organization or group, including governmental entities; and

(b) ‘‘United States person’’ means any citizen or national of the United States, any lawful permanent resident of the United States, or any corporation, business

association, partnership, society, trust, or any other

entity, organization or group, including governmental

entities, organized under the laws of the United States

(including foreign branches).

SEC. 3. Responsibilities. The functions and responsibilities for the enforcement of the foregoing prohibitions

are delegated as follows: (a) The Secretary of State is

hereby authorized to take such actions, including the

promulgation of rules and regulations, and to employ

all powers granted to the President by section 5 of the

United Nations Participation Act [22 U.S.C. 287c] and

other authorities available to the Secretary of State,

as may be necessary to carry out the purpose of this

order, relating to arms and related materiel of a type

enumerated on the United States Munitions List (22

C.F.R. Part 121). The Secretary of State may redelegate

any of these functions to other officers and agencies of

the United States Government; and

(b) The Secretary of Commerce, in consultation with

the Secretary of State, is hereby authorized to take

such actions, including the promulgation of rules and

regulations, and to employ all powers granted to the

President by section 5 of the United Nations Participation Act and other authorities available to the Secretary of Commerce, as may be necessary to carry out

the purpose of this order, relating to arms and related

materiel identified in the Export Administration Regulations (15 C.F.R. Parts 730–799). The Secretary of Commerce may redelegate any of these functions to other

officers and agencies of the United States Government.

SEC. 4. Authorization. All agencies of the United

States Government are hereby directed to take all appropriate measures within their authority to carry out

the provisions of this order, including suspension or

termination of licenses or other authorizations in effect as of the date of this order.

SEC. 5. Delegation of Authority. The Secretary of State

and the Secretary of Commerce in consultation with

the Secretary of State are hereby authorized to promulgate rules and regulations, and to employ all powers granted to the President by section 5 of the United

Nations Participation Act [22 U.S.C. 287c] and not

otherwise delegated by Executive order, as may be nec-
§ 287d TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 158

essary to carry out the purpose of implementing any

other arms embargo mandated by resolution of the

United Nations Security Council, consistent with the

allocation of functions delegated under section 3 of this

order. The Secretary of State or the Secretary of Commerce may redelegate any of these functions to other

officers and agencies of the United States Government.

SEC. 6. Judicial Review. Nothing contained in this

order shall create any right or benefit, substantive or

procedural, enforceable by any party against the

United States, its agencies or instrumentalities, its officers or employees, or any other person.

SEC. 7. Effective Date. This order shall take effect at

11:59 p.m. eastern daylight time on May 26, 1994.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 3409,

3413.

§ 287d. Use of armed forces; limitations

The President is authorized to negotiate a special agreement or agreements with the Security

Council which shall be subject to the approval of

the Congress by appropriate Act or joint resolution, providing for the numbers and types of

armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made

available to the Security Council on its call for

the purpose of maintaining international peace

and security in accordance with article 43 of

said Charter. The President shall not be deemed

to require the authorization of the Congress to

make available to the Security Council on its

call in order to take action under article 42 of

said Charter and pursuant to such special agreement or agreements the armed forces, facilities,

or assistance provided for therein: Provided,

That, except as authorized in section 287d–1 of

this title, nothing herein contained shall be construed as an authorization to the President by

the Congress to make available to the Security

Council for such purpose armed forces, facilities,

or assistance in addition to the forces, facilities,

and assistance provided for in such special

agreement or agreements.

(Dec. 20, 1945, ch. 583, §6, 59 Stat. 621; Oct. 10,

1949, ch. 660, §4, 63 Stat. 735.)

REFERENCES IN TEXT

Article 43 of said Charter and article 42 of said Charter, referred to in text, are articles of the United Nations Charter.

Herein, referred to in text, means act Dec. 20, 1945,

ch. 583, 59 Stat. 619, as amended, known as the United

Nations Participation Act of 1945, which is classified

generally to this subchapter (§287 et seq.). For complete classification of this Act to the Code, see Short

Title note set out under section 287 of this title and

Tables.

AMENDMENTS

1949—Act Oct. 10, 1949, inserted ‘‘, except as authorized in section 287d–1 of this title,’’ in proviso.

§ 287d–1. Noncombatant assistance to United Nations

(a) Armed forces details; supplies and equipment; obligation of funds; procurement and

replacement of requested items

Notwithstanding the provisions of any other

law, the President, upon the request by the

United Nations for cooperative action, and to

the extent that he finds that it is consistent

with the national interest to comply with such

request, may authorize, in support of such activities of the United Nations as are specifically

directed to the peaceful settlement of disputes

and not involving the employment of armed

forces contemplated by chapter VII of the

United Nations Charter—

(1) the detail to the United Nations, under

such terms and conditions as the President

shall determine, of personnel of the armed

forces of the United States to serve as observers, guards, or in any non-combatant capacity,

but in no event shall more than a total of one

thousand of such personnel be so detailed at

any one time: Provided, That while so detailed,

such personnel shall be considered for all purposes as acting in the line of duty, including

the receipt of pay and allowances as personnel

of the armed forces of the United States, credit for longevity and retirement, and all other

perquisites appertaining to such duty: Provided further, That upon authorization or approval by the President, such personnel may

accept directly from the United Nations (a)

any or all of the allowances or perquisites to

which they are entitled under the first proviso

hereof, and (b) extraordinary expenses and perquisites incident to such detail;

(2) the furnishing of facilities, services, or

other assistance and the loan of the agreed

fair share of the United States of any supplies

and equipment to the United Nations by the

Department of Defense, under such terms and

conditions as the President shall determine;

(3) the obligation, insofar as necessary to

carry out the purposes of clauses (1) and (2) of

this subsection, of any funds appropriated to

the Department of Defense or any department

therein, the procurement of such personnel,

supplies, equipment, facilities, services, or

other assistance as may be made available in

accordance with the request of the United Nations, and the replacement of such items,

when necessary, where they are furnished from

stocks.

(b) Reimbursement from United Nations; waiver

of reimbursement

Whenever personnel or assistance is made

available pursuant to the authority contained in

subsection (a)(1) and (2) of this section, the

President shall require reimbursement from the

United Nations for the expense thereby incurred

by the United States: Provided, That in exceptional circumstances, or when the President

finds it to be in the national interest, he may

waive, in whole or in part, the requirement of

such reimbursement: Provided further, That

when any such reimbursement is made, it shall

be credited, at the option of the appropriate department of the Department of Defense, either

to the appropriation, fund, or account utilized in

incurring the obligation, or to an appropriate

appropriation, fund, or account currently available for the purposes for which expenditures

were made.

(c) Additional appropriation authorizations

In addition to the authorization of appropriations to the Department of State contained in