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104TH CONGRESS

1ST SESSION H. R. 1172

To terminate the United States arms embargo applicable to the Government

of Bosnia and Herzegovina.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1995

Mr. SMITH of New Jersey (for himself, Mr. HOYER, Mr. GILMAN, Mr.

BONIOR, Mr. MARKEY, Ms. MOLINARI, Mr. WOLF, Mr. ROYCE, Mr.

CARDIN, Mr. TORRICELLI, Mr. ROHRABACHER, Mr. MORAN, Mr. WYNN,

Ms. DELAURO, Mr. ENGEL, Mr. GALLEGLY, and Mr. MENENDEZ) introduced the following bill; which was referred to the Committee on International Relations

A BILL

To terminate the United States arms embargo applicable

to the Government of Bosnia and Herzegovina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bosnia and

5 Herzegovina Self-Defense Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:
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1 (1) For the reasons stated in section 520 of the

2 Foreign Relations Authorization Act, Fiscal Years

3 1994 and 1995 (Public Law 103–236), the Congress

4 has found that continued application of an inter5 national arms embargo to the Government of Bosnia

6 and Herzegovina contravenes that Government’s in7 herent right of individual or collective self-defense

8 under Article 51 of the United Nations Charter and

9 therefore is inconsistent with international law.

10 (2) The United States has not formally sought

11 multilateral support for terminating the arms em12 bargo against Bosnia and Herzegovina through a

13 vote on a United Nations Security Council resolution

14 since the enactment of section 1404 of the National

15 Defense Authorization Act for Fiscal Year 1995

16 (Public Law 103–337).

17 (3) The United Nations Security Council has

18 not taken measures necessary to maintain inter19 national peace and security in Bosnia and

20 Herzegovina since the aggression against that coun21 try began in April 1992.

22 SEC. 3. STATEMENT OF SUPPORT.

23 The Congress supports the efforts of the Government

24 of the Republic of Bosnia and Herzegovina—
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1 (1) to defend its people and the territory of the

2 Republic;

3 (2) to preserve the sovereignty, independence,

4 and territorial integrity of the Republic; and

5 (3) to bring about a peaceful, just, fair, viable,

6 and sustainable settlement of the conflict in Bosnia

7 and Herzegovina.

8 SEC. 4. TERMINATION OF ARMS EMBARGO.

9 (a) TERMINATION.—The President shall terminate

10 the United States arms embargo of the Government of

11 Bosnia and Herzegovina on—

12 (1) the date of receipt from that Government of

13 a request for assistance in exercising its right of

14 self-defense under Article 51 of the United Nations

15 Charter, or

16 (2) May 1, 1995,

17 whichever comes first.

18 (b) DEFINITION.—As used in this section, the term

19 ‘‘United States arms embargo of the Government of

20 Bosnia and Herzegovina’’ means the application to the

21 Government of Bosnia and Herzegovina of—

22 (1) the policy adopted July 10, 1991, and pub23 lished in the Federal Register of July 19, 1991 (58

24 F.R. 33322) under the heading ‘‘Suspension of Mu25 nitions Export Licenses to Yugoslavia’’; and
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1 (2) any similar policy being applied by the

2 United States Government as of the date of receipt

3 of the request described in subsection (a) pursuant

4 to which approval is denied for transfers of defense

5 articles and defense services to the former Yugo6 slavia.

7 (c) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be interpreted as authorization for deployment

9 of United States forces in the territory of Bosnia and

10 Herzegovina for any purpose, including training, support,

11 or delivery of military equipment.

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