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107TH CONGRESS

1ST SESSION S. 1170

To make the United States’ energy policy toward Iraq consistent with the

national security policies of the United States.

IN THE SENATE OF THE UNITED STATES

JULY 12, 2001

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To make the United States’ energy policy toward Iraq consistent with the national security policies of the United

States.

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 AND FINDINGS.

4 (a) This Act can be cited as the ‘‘Iraq Petroleum Im5 port Restriction Act of 2001.’’

6 (b) FINDINGS.—Congress finds that:

7 (1) The Government of the Republic of Iraq—

8 (A) has failed to comply with the terms of

9 United Nations Security Council Resolution

10 687 regarding unconditional Iraqi acceptance of
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1 the destruction, removal, or rendering harmless,

2 under international supervision, of all nuclear,

3 chemical and biological weapons and all stocks

4 of agents and all related subsystems and com5 ponents and all research, development, support

6 and manufacturing facilities, as well as all bal7 listic missiles with a range greater than 150 kil8 ometers and related major parts, and repair

9 and production facilities and has failed to allow

10 United Nations inspectors access to sites used

11 for the production or storage of weapons of

12 mass destruction;

13 (B) routinely contravenes the terms and

14 conditions of UNSC Resolution 661, author15 izing the export of petroleum products from

16 Iraq in exchange for food, medicine and other

17 humanitarian products by conducting a routine

18 and extensive program to sell such products

19 outside of the channels established by UNSC

20 Resolution 661 in exchange for military equip21 ment and materials to be used in pursuit of its

22 program to develop weapons of mass destruc23 tion in order to threaten the United States and

24 its allies in the Persian Gulf and surrounding

25 regions;
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1 (C) has failed to adequately draw down

2 upon the amounts received in the Escrow Ac3 count established by UNSC Resolution 986 to

4 purchase food, medicine and other humani5 tarian products required by its citizens, result6 ing in massive humanitarian suffering by the

7 Iraqi people;

8 (D) conducts a periodic and systematic

9 campaign to harass and obstruct the enforce10 ment of the United States and United King11 dom-enforced ‘‘No-Fly Zones’’ in effect in the

12 Republic of Iraq; and

13 (E) routinely manipulates the petroleum

14 export production volumes permitted under

15 UNSC Resolution 661 in order to create uncer16 tainty in global energy markets, and therefore

17 threatens the economic security of the United

18 States.

19 (2) Further imports of petroleum products from

20 the Republic of Iraq are inconsistent with the na21 tional security and foreign policy interests of the

22 United States and should be eliminated until such

23 time as they are not so inconsistent.
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1 SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IM2 PORTS.

3 The direct or indirect import from Iraq of Iraqi-origin

4 petroleum and petroleum products is prohibited, notwith5 standing an authorization by the Committee established

6 by UNSC Resolution 661 or its designee, or any other

7 order to the contrary.

8 SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION.

9 This Act will remain in effect until such time as the

10 President, after consultation with the relevant committees

11 in Congress, certifies to the Congress that:

12 (a) The United States is not engaged in active mili13 tary operations in—

14 (1) enforcing ‘‘No-Fly Zones’’ in Iraq;

15 (2) support of United Nations sanctions against

16 Iraq;

17 (3) preventing the smuggling of Iraqi-origin pe18 troleum and petroleum products in violation of

19 UNSC Resolution 986; and

20 (4) otherwise preventing threatening action by

21 Iraq against the United States or its allies; and

22 (b) Resuming the importation of Iraqi-origin petro23 leum and petroleum products would not be inconsistent

24 with the national security and foreign policy interests of

25 the United States.
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1 SEC. 4. HUMANITARIAN INTERESTS.

2 It is the sense of the Senate that the President should

3 make all appropriate efforts to ensure that the humani4 tarian needs of the Iraqi people are not negatively affected

5 by this Act, and should encourage through public, private,

6 domestic and international means the direct or indirect

7 sale, donation or other transfer to appropriate non-govern8 mental health and humanitarian organizations and indi9 viduals within Iraq of food, medicine and other humani10 tarian products.

11 SEC. 5. DEFINITIONS.

12 (a) ‘‘661 COMMITTEE.’’—The term 661 Committee

13 means the Security Council Committee established by

14 UNSC Resolution 661, and persons acting for or on behalf

15 of the Committee under its specific delegation of authority

16 for the relevant matter or category of activity, including

17 the overseers appointed by the UN Secretary-General to

18 examine and approve agreements for purchases of petro19 leum and petroleum products from the Government of

20 Iraq pursuant to UNSC Resolution 986.

21 (b) ‘‘UNSC RESOLUTION 661.’’—The term UNSC

22 Resolution 661 means United Nations Security Council

23 Resolution No. 661, adopted August 6, 1990, prohibiting

24 certain transactions with respect to Iraq and Kuwait.
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1 (c) ‘‘UNSC RESOLUTION 986.’’—The term UNSC

2 Resolution 986 means United Nations Security Council

3 Resolution 986, adopted April 14, 1995.

4 SEC. 6. EFFECTIVE DATE.

5 The prohibition on importation of Iraqi origin petro6 leum and petroleum products shall be effective 30 days

7 after enactment of this Act.

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